04/16/18 05:22 pm house research mg/rk h4016de2...04/16/18 05:22 pm house research mg/rk h4016de2...

1.1 .................... moves to amend H.F. No. 4016 as follows:

1.2 Delete everything after the enacting clause and insert:

1.3 "ARTICLE 1

1.4 STATE GOVERNMENT APPROPRIATIONS

1.5 Section 1. APPROPRIATIONS.

1.6 The sums shown in the columns marked "Appropriations" are added to or, if shown in

1.7 parentheses, subtracted from the appropriations in Laws 2017, First Special Session, Chapter

1.8 4, article 1, to the agencies and for the purposes specified in this article. The appropriations

1.9 are from the general fund, or another named fund, and are available for the fiscal years

1.10 indicated for each purpose. The figures "2018" and "2019" used in this article mean that

1.11 the appropriations listed under them are available for the fiscal year ending June 30, 2018,

1.12 or June 30, 2019, respectively.

1.13 APPROPRIATIONS1.14 Available for the Year1.15 Ending June 30

20191.16 2018

314,000.......1.17 Sec. 2. LEGISLATURE

1.18 These amounts are from the general fund for

1.19 the Legislative Coordinating Commission, as

1.20 follows:

1.21 (1) $120,000 is for the transfer of

1.22 responsibilities related to the Pew-MacArthur

1.23 Results First framework. The base for this

1.24 appropriation is $177,000 in fiscal year 2020

1.25 and $185,000 in fiscal year 2021;

1Article 1 Sec. 2.

HOUSE RESEARCH MG/RK H4016DE204/16/18 05:22 PM

2.1 (2) $104,000 is for digital preservation of

2.2 legislative records by the Legislative

2.3 Reference Library. This is a onetime

2.4 appropriation; and

2.5 (3) $90,000 is for rent payments for the Office

2.6 of the Revisor of Statutes. This is a onetime

2.7 appropriation.

(1,000,000)$.......$2.8 Sec. 3. ATTORNEY GENERAL

2.9 This is a general reduction to office operations,

2.10 subject to the requirements of section 14.

330,000$.......$2.11 Sec. 4. SECRETARY OF STATE

2.12 These amounts are from the political party

2.13 accounts established in the special revenue

2.14 fund under Minnesota Statutes, section

2.15 10A.30, subdivision 2. They are appropriated

2.16 for purposes that constitute the state match

2.17 under the Omnibus Appropriations Act of

2.18 2018, Public Law 115-1410, and section 101

2.19 of the Help America Vote Act of 2002 under

2.20 Public Law 107-252, necessary to receive

2.21 $6,595,610 in federal funds for cybersecurity

2.22 enhancements to the state's election systems.

525,000$.......$2.23 Sec. 5. ADMINISTRATIVE HEARINGS

2.24 These amounts are from the general fund for

2.25 the information policy analysis unit established

2.26 in Minnesota Statutes, section 13.071.

(1,243,000)$.......$2.27 Sec. 6. ADMINISTRATION

2.28 These amounts include reductions as follows:

2.29 (1) the Office of Continuous Improvement

2.30 (LEAN) is reduced by $418,000;

2Article 1 Sec. 6.


3.1 (2) the State Historic Preservation Office is

3.2 reduced by $300,000 in fiscal year 2019. The

3.3 base for this appropriation in fiscal years 2020

3.4 and 2021 is reduced by $200,000 each year;

3.5 and

3.6 (3) the Data Practices Office is reduced by

3.7 $525,000.

3,950,000$.......$3.8 Sec. 7. MINNESOTA MANAGEMENT AND3.9 BUDGET

3.10 (a) $4,000,000 is from the amounts transferred

3.11 to the general fund from the stadium reserve

3.12 account under section 16, to establish an office

3.13 to investigate allegations of harassment,

3.14 misconduct, and discrimination, as provided

3.15 in Minnesota Statutes, section 43A.385. Of

3.16 these amounts:

3.17 (1) $2,591,000 is to establish the office, to

3.18 review and investigate claims, and to maintain,

3.19 analyze, and report data as required by

3.20 Minnesota Statutes, section 43A.385,

3.21 subdivisions 1 and 2;

3.22 (2) $255,000 is a onetime appropriation to

3.23 administer and evaluate an employee

3.24 community survey as required by Minnesota

3.25 Statutes, section 43A.385, subdivision 3;

3.26 (3) $26,000 is to study, develop, and maintain

3.27 a complaint hotline, as provided by Minnesota

3.28 Statutes, section 43A.385, subdivision 4;

3.29 (4) $316,000 is a onetime appropriation to

3.30 establish an audit process to review policies,

3.31 procedures, and outcomes enterprise-wide, as

3.32 provided by Minnesota Statutes, section

3.33 43A.385, subdivision 5; and

3Article 1 Sec. 7.


4.1 (5) $812,000 is to provide training on

4.2 harassment, misconduct, and discrimination

4.3 policy, as provided by Minnesota Statutes,

4.4 section 43A.385, subdivision 6.

4.5 No later than February 15, 2019, the

4.6 commissioner of management and budget must

4.7 submit a report to the chairs and ranking

4.8 minority members of the legislative

4.9 committees with jurisdiction over state

4.10 government finance on the reduced human

4.11 resources workload and other cost savings

4.12 realized by individual agencies due to the

4.13 consolidation of these activities in a single

4.14 office.

4.15 The base for this appropriation is $3,429,000

4.16 in fiscal year 2020 and thereafter.

4.17 (b) The department's fiscal year 2019

4.18 appropriation includes a reduction of $50,000

4.19 resulting from the transfer of the

4.20 Pew-MacArthur Results First framework

4.21 responsibilities to the legislature. The

4.22 department's base for fiscal years 2020 and

4.23 2021 is reduced by $122,000 each year to

4.24 reflect this transfer.

4.25 (c) No later than December 31, 2018, the

4.26 commissioner must credit at least $500,000

4.27 to the general fund based on savings realized

4.28 through implementation of the employee

4.29 gainsharing program required by Minnesota

4.30 Statutes, section 16A.90. If a credit of at least

4.31 this amount has not been made to the general

4.32 fund as of that date, the appropriation provided

4.33 in this subdivision for fiscal year 2019 is

4.34 reduced in an amount equal to the difference

4.35 between the amount actually credited to the

4Article 1 Sec. 7.


5.1 general fund and the total credit required by

5.2 this paragraph.

(3,880,000)$.......$5.3 Sec. 8. REVENUE

5.4 (a) These amounts include a general reduction

5.5 to agency operations, subject to the

5.6 requirements of section 14, of $3,895,000.

5.7 (b) $15,000 is from the general fund for

5.8 preparing and submitting a supplemental 2018

5.9 tax incidence report meeting the requirements

5.10 of Minnesota Statutes, section 270C.13,

5.11 subdivision 1, as amended by this act. The

5.12 supplemental report must be completed and

5.13 submitted no later than January 2, 2019.

(1,409,000)$.......$5.14 Sec. 9. HUMAN RIGHTS

5.15 These amounts may not be used to reduce the

5.16 operations or services of the department's

5.17 regional office in St. Cloud.

1,000,000$.......$5.18 Sec. 10. MINNESOTA HISTORICAL5.19 SOCIETY

5.20 These amounts are from the general fund, for

5.21 digital preservation and access, including

5.22 planning and implementation of a program to

5.23 preserve and make available resources related

5.24 to Minnesota history. This is a onetime

5.25 appropriation.

600,000$.......$5.26 Sec. 11. MINNESOTA HUMANITIES CENTER

5.27 (a) $100,000 is from the general fund for the

5.28 Healthy Eating, Here at Home program under

5.29 Minnesota Statutes, section 138.912. This is

5.30 a onetime appropriation. No more than three

5.31 percent of the appropriation may be used for

5.32 the nonprofit administration of this program.

5Article 1 Sec. 11.


6.1 (b) $250,000 is from the general fund for a

6.2 grant to Everybody Wins!-Minnesota, a

6.3 Minnesota 501(c)(3) corporation, to operate

6.4 a reading program for Minnesota children.

6.5 This is a onetime appropriation.

6.6 (c) $250,000 is from the general fund for a

6.7 grant to the Minnesota Council on Economic

6.8 Education to provide staff development to

6.9 teachers for the implementation of the state

6.10 graduation standards in learning areas relating

6.11 to economic education. This is a onetime

6.12 appropriation and does not cancel, but is

6.13 available until expended. The commissioner

6.14 of education, in consultation with the council,

6.15 shall develop expected results of staff

6.16 development, eligibility criteria for

6.17 participants, an evaluation procedure, and

6.18 guidelines for direct and in-kind contributions

6.19 by the council.

(518,000)$.......$6.20 Sec. 12. BOARD OF COSMETOLOGIST6.21 EXAMINERS

6.22 This is a general reduction to board operations,

6.23 subject to the requirements of section 14.

26,000,000$.......$6.24 Sec. 13. VETERANS AFFAIRS

6.25 (a) $26,000,000 in fiscal year 2019 is from the

6.26 amounts transferred to the general fund from

6.27 the stadium reserve account under section 16,

6.28 for the following:

6.29 (1) $10,000,000 is to design, construct,

6.30 furnish, and equip a veterans home in Preston;

6.31 (2) $6,000,000 is to design, construct, furnish,

6.32 and equip a veterans home in Montevideo;

6.33 and

6Article 1 Sec. 13.


7.1 (3) $10,000,000 is to design, construct,

7.2 furnish, and equip a veterans home in Bemidji.

7.3 (b) These veterans homes are subject to the

7.4 requirements of The People's Veterans Home

7.5 Act, as provided in Article 2. This is a onetime

7.6 appropriation, and is available until June 30,

7.7 2021. The appropriations are not available

7.8 until the commissioner of management and

7.9 budget, in consultation with the commissioner

7.10 of veterans affairs, determines that amounts

7.11 sufficient to complete the projects are

7.12 committed from nonstate sources.

7.13 Sec. 14. REDUCED APPROPRIATIONS; PRESERVATION OF PROGRAMS AND

7.14 SERVICES.

7.15 To the extent that appropriations provided by this article reflect reductions in amounts

7.16 appropriated under Laws 2017, First Special Session chapter 4, and the purpose for the

7.17 reduction is not otherwise specified, the affected constitutional office, agency, or board

7.18 must allocate the reduction across all program activities, prioritizing reductions to central

7.19 administration and general operations. Unless otherwise specified, reductions must not be

7.20 made to programs or services that are provided directly to members of the public.

7.21 Sec. 15. EXECUTIVE AGENCY APPROPRIATIONS; MNLARS TARGETED

7.22 REDUCTIONS.

7.23 (a) By October 31, 2018, the commissioner of management and budget must, with the

7.24 approval of the governor and after consulting the Legislative Advisory Commission, reduce

7.25 general fund appropriations for executive agency operating expenditures by $9,650,000 for

7.26 the biennium ending June 30, 2019. This is a onetime reduction. In making reductions, the

7.27 commissioner must prioritize reductions to any increased central operating or administrative

7.28 expenses within an agency that resulted from the enactment of operating adjustments for

7.29 that agency for the biennium ending June 30, 2019, compared to appropriations enacted for

7.30 the agency for the biennium ending June 30, 2017. The commissioner must not reduce

7.31 appropriations for client-facing health care, corrections, public safety, mental health

7.32 programs, or other services that are provided directly to members of the public.

7Article 1 Sec. 15.


8.1 (b) By June 30, 2018, the commissioner of management and budget must transfer

8.2 $7,500,000 from the general fund to the driver services operating account in the special

8.3 revenue fund, and $2,150,000 to the vehicle services operating account in the special revenue

8.4 fund.

8.5 (c) For purposes of this subdivision, "executive agency" has the meaning given in

8.6 Minnesota Statutes, section 16A.011, subdivision 12, and includes constitutional officers.

8.7 Sec. 16. MINNESOTA SPORTS FACILITIES AUTHORITY; STADIUM RESERVE

8.8 TRANSFER.

8.9 $30,817,000 must be transferred to the unrestricted general fund from the general reserve

8.10 account established by the commissioner of management and budget under Minnesota

8.11 Statutes, section 297E.021, no later than June 30, 2019. This is a onetime transfer.

8.12 Sec. 17. MN.IT PRIORITIZATION OF CYBERSECURITY.

8.13 The state chief information officer must prioritize the enhancement of cybersecurity

8.14 across state government when expending any appropriations or fund transfers provided to

8.15 the Office of MN.IT Services, including but not limited to those provided by Laws 2017,

8.16 First Special Session chapter 4, article 1, section 10, and amounts credited to the Information

8.17 and Telecommunications Technology Systems and Services account established under

8.18 Minnesota Statutes, section 16E.21.

8.19 ARTICLE 2

8.20 STATE GOVERNMENT OPERATIONS

8.21 Section 1. Minnesota Statutes 2016, section 1.26, subdivision 1, is amended to read:

8.22 Subdivision 1. Political subdivision defined Definitions. As used in this section,:

8.23 (1) "political subdivision" includes counties, home rule charter and statutory cities,

8.24 towns, townships, school districts, authorities, and other public corporations and entities

8.25 whether organized and existing under charter or general law; and

8.26 (2) "declared emergency" has the meaning provided in section 12.03, subdivision 1e.

8.27 Sec. 2. Minnesota Statutes 2016, section 1.26, subdivision 2, is amended to read:

8.28 Subd. 2. State government. When, due to an emergency resulting from the effects of

8.29 enemy attack, or the anticipated effects of a threatened enemy attack a declared emergency,

8.30 it becomes imprudent, inexpedient or impossible to conduct the affairs of state government

8Article 2 Sec. 2.


9.1 in the city of St. Paul, Ramsey County, Minnesota, the governor shall, as often as the

9.2 exigencies of the situation require, by proclamation, declare an emergency temporary

9.3 location, or locations, for the seat of government at a place, or places, in or out of the state

9.4 as the governor deems advisable under the circumstances, and shall take action and issue

9.5 orders as necessary for an orderly transition of the affairs of state government to the

9.6 emergency temporary location, or locations. To the extent practical, the governor's orders

9.7 must be consistent with the state comprehensive emergency operations plan required by

9.8 section 12.21, subdivision 3. The emergency temporary location, or locations, shall remain

9.9 the seat of government until the legislature by law establishes a new location, or locations,

9.10 or until the emergency is declared to be ended by the governor and the seat of government

9.11 is returned to its normal location.


9.13 Subd. 4. Local governments. When, due to an emergency resulting from the effects of

9.14 enemy attack, or the anticipated effects of a threatened enemy attack a declared emergency,

9.15 it becomes imprudent, inexpedient or impossible to conduct the affairs of local government

9.16 at their regular or usual place or places, the governing body of each political subdivision of

9.17 this state may meet at any place in or out of the territorial limits of the political subdivision

9.18 on the call of the presiding officer or any two members of the governing body, and shall

9.19 designate by ordinance, resolution or other manner, alternate or substitute places as the

9.20 emergency temporary location, or locations, of government where all, or any part, of the

9.21 public business may be conducted during the emergency situation. The places may be in or

9.22 out of the territorial limits of the political subdivision and the state.

9.23 Sec. 4. [2.92] DISTRICTING PRINCIPLES.

9.24 Subdivision 1. Applicability. The principles in this section apply to legislative and

9.25 congressional districts.

9.26 Subd. 2. Nesting. A representative district may not be divided in the formation of a

9.27 senate district.

9.28 Subd. 3. Equal population. (a) Legislative districts must be substantially equal in

9.29 population. The population of a legislative district must not deviate from the ideal by more

9.30 than 0.5 percent, plus or minus.

9.31 (b) Congressional districts must be as nearly equal in population as practicable.

9Article 2 Sec. 4.


10.1 Subd. 4. Contiguity; compactness. The districts must be composed of convenient

10.2 contiguous territory. To the extent consistent with the other principles in this section, districts

10.3 should be compact. Contiguity by water is sufficient if the water is not a serious obstacle

10.4 to travel within the district. Point contiguity is not sufficient.

10.5 Subd. 5. Numbering. (a) Legislative districts must be numbered in a regular series,

10.6 beginning with house district 1A in the northwest corner of the state and proceeding across

10.7 the state from west to east, north to south, but bypassing the 11-county metropolitan area

10.8 until the southeast corner has been reached; then to the 11-county metropolitan area. In a

10.9 county that includes more than one whole senate district, the districts must be numbered

10.10 consecutively.

10.11 (b) Congressional district numbers must begin with district one in the southeast corner

10.12 of the state and end with district eight in the northeast corner of the state.

10.13 Subd. 6. Minority representation. (a) The dilution of racial or ethnic minority voting

10.14 strength is contrary to the laws of the United States and the state of Minnesota. These

10.15 principles must not be construed to supersede any provision of the Voting Rights Act of

10.16 1965, as amended.

10.17 (b) A redistricting plan must not have the intent or effect of dispersing or concentrating

10.18 minority population in a manner that prevents minority communities from electing their

10.19 candidates of choice.

10.20 Subd. 7. Minor civil divisions. (a) A county, city, or town must not be unduly divided

10.21 unless required to meet equal population requirements or to form districts composed of

10.22 convenient, contiguous territory.

10.23 (b) A county, city, or town is not unduly divided in the formation of a legislative or

10.24 congressional district if:

10.25 (1) the division occurs because a portion of a city or town is noncontiguous with another

10.26 portion of the same city or town; or

10.27 (2) despite the division, the known population of any affected county, city, or town

10.28 remains wholly located within a single district.

10.29 Subd. 8. Preserving communities of interest. (a) Districts should attempt to preserve

10.30 identifiable communities of interest where that can be done in compliance with the principles

10.31 under this section.

10Article 2 Sec. 4.


11.1 (b) For purposes of this subdivision, "communities of interest" means recognizable areas

11.2 with similarities of interests including but not limited to racial, ethnic, geographic, social,

11.3 or cultural interests.

11.4 Subd. 9. Data to be used. (a) The geographic areas and population counts used in maps,

11.5 tables, and legal descriptions of the districts must be those used by the Geographic

11.6 Information Systems Office of the Legislative Coordinating Commission. The population

11.7 counts shall be the block population counts provided to the state under Public Law 94-171

11.8 after each decennial census, subject to correction of any errors acknowledged by the United

11.9 States Census Bureau.

11.10 (b) Nothing in this subdivision prohibits the use of additional data, as determined by the

11.11 legislature.

11.12 Subd. 10. Consideration of plans. A redistricting plan must not be considered for

11.13 adoption by the senate or house of representatives until a block equivalency file showing

11.14 the district to which each census block has been assigned, in a form prescribed by the director

11.15 of the Geographic Information Systems Office, has been filed with the director.

11.16 Subd. 11. Priority of principles. Where it is not possible to fully comply with the

11.17 principles contained in subdivisions 2 to 8, a redistricting plan must give priority to those

11.18 principles in the order in which they are listed, except to the extent that doing so would

11.19 violate federal or state law.

11.20 EFFECTIVE DATE. This section is effective the day following final enactment and

11.21 applies to any plan for districts enacted or established for use on or after that date.

11.22 Sec. 5. Minnesota Statutes 2016, section 3.303, is amended by adding a subdivision to

11.23 read:

11.24 Subd. 12. Emergency operations and continuity of the legislative branch. The

11.25 commission must adopt and regularly review an emergency operations and continuity of

11.26 government plan for the legislative branch, as required by section 12.401.


11.28 Subd. 9. Powers; duties; Metropolitan Council appointments oversight. The

11.29 commission must monitor appointments to the Metropolitan Council and may make

11.30 recommendations on appointments to the nominating committee under section 473.123,

11.31 subdivision 3, or to the governor before the governor makes the appointments. The

11Article 2 Sec. 6.


12.1 commission may also make recommendations to the senate before appointments are presented

12.2 to the senate for its advice and consent.

12.3 Sec. 7. Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended

12.4 to read:

12.5 Subdivision 1. Establishment; duties. The Legislative Budget Office is established

12.6 under control of the Legislative Coordinating Commission to provide the house of

12.7 representatives and senate with nonpartisan, accurate, and timely information on the fiscal

12.8 impact of proposed legislation, without regard to political factors.

12.9 EFFECTIVE DATE. This section is effective July 1, 2018.


12.11 to read:

12.12 Subdivision 1. Establishment; duties. The Legislative Budget Office is established

12.13 under control of the Legislative Coordinating Commission to provide the house of

12.14 representatives and senate with nonpartisan, accurate, and timely information on the fiscal

12.15 impact of proposed legislation, and to evaluate the effectiveness of state and county programs

12.16 authorized by the legislature using the return on taxpayer investment methodology established

12.17 by the Pew-MacArthur Results First framework. The duties of the office must be conducted

12.18 without regard to political factors.

12.19 EFFECTIVE DATE. This section is effective January 8, 2019.

12.20 Sec. 9. Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a

12.21 subdivision to read:

12.22 Subd. 1a. Oversight commission. (a) The Legislative Budget Office Oversight

12.23 Commission is established. The commission consists of:

12.24 (1) two members of the senate appointed by the Subcommittee on Committees of the

12.25 Committee on Rules and Administration;

12.26 (2) two members of the senate appointed by the senate minority leader;

12.27 (3) two members of the house of representatives appointed by the speaker of the house;

12.28 and

12.29 (4) two members of the house of representatives appointed by the minority leader.

12Article 2 Sec. 9.


13.1 The director of the Legislative Budget Office is the executive secretary of the commission.

13.2 The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan

13.3 fiscal analyst of the senate, the state budget director, and the legislative auditor are ex-officio,

13.4 nonvoting members of the commission.

13.5 (b) Members serve at the pleasure of the appointing authority, or until they are not

13.6 members of the legislative body from which they were appointed. Appointing authorities

13.7 shall fill vacancies on the commission within 30 days of a vacancy being created.

13.8 (c) The commission shall meet in January of each odd-numbered year to elect its chair

13.9 and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall

13.10 alternate biennially between the senate and the house of representatives. The commission

13.11 shall meet at the call of the chair. The members shall serve without compensation but may

13.12 be reimbursed for their reasonable expenses consistent with the rules of the legislature

13.13 governing expense reimbursement.

13.14 (d) The commission shall review the work of the Legislative Budget Office and make

13.15 recommendations, as the commission determines necessary, to improve the office's ability

13.16 to fulfill its duties, and shall perform other functions as directed by this section.

13.17 EFFECTIVE DATE; FIRST MEETING. This section is effective the day following

13.18 final enactment. Appointments to the oversight commission must be made no later than

13.19 June 15, 2018. The chair of the Legislative Coordinating Commission must designate one

13.20 appointee to convene the commission's first meeting. The designated appointee must convene

13.21 the first meeting no later than July 1, 2018.


13.23 to read:

13.24 Subd. 2. Staff. The Legislative Coordinating Commission Legislative Budget Office

13.25 Oversight Commission must appoint a director who and establish the director's duties. The

13.26 director may hire staff necessary to do the work of the office. The director serves in the

13.27 unclassified service for a term of six years and may not be removed during a term except

13.28 for cause after a public hearing. The director of the office is a public official for purposes

13.29 of sections 10A.07 to 10A.09.


13Article 2 Sec. 10.




14.3 Subd. 3. Standards and guidelines. The Legislative Budget Office must adopt uniform

14.4 standards, guidelines, and procedures governing the timely preparation of fiscal notes as

14.5 required by this section and section 3.98. The standards, guidelines, and procedures are not

14.6 effective until they are approved by the oversight commission. Upon approval, the standards

14.7 and guidelines must be published in the State Register and on the office's Web site.

14.8 EFFECTIVE DATE. This section is effective January 8, 2019, provided that the uniform

14.9 procedures to be used may be developed and adopted by the oversight commission prior to

14.10 the effective date of this section.



14.13 Subd. 4. Access to data. (a) Upon request of the director of the Legislative Budget

14.14 Office, the head or chief administrative officer of each department or agency of state

14.15 government, including the Supreme Court, must promptly supply any data that, in the

14.16 director's judgment, is relevant to legislation that is the subject of a fiscal note prepared by

14.17 the department or agency.

14.18 (b) To the extent that data supplied to the Legislative Budget Office are classified as not

14.19 public under chapter 13 or other applicable law, the Legislative Budget Office must maintain

14.20 and administer the data in the same manner as required of a government entity subject to

14.21 that classification. Not public data supplied under this subdivision may only be used by the

14.22 Legislative Budget Office to review a department or agency's work in preparing a fiscal

14.23 note and may not be used or disseminated for any other purpose, including use by or

14.24 dissemination to a legislator or to any officer, department, agency, or committee within the

14.25 legislative branch. A violation of this paragraph by the director or other staff of the

14.26 Legislative Budget Office is subject to the penalties and remedies provided in sections 13.08

14.27 and 13.09, and any other applicable law governing the unauthorized use or acquisition of

14.28 not public data.

14.29 (c) Upon approval by the Legislative Budget Office, a completed fiscal note must be

14.30 delivered to the legislative committee chair who made the request, and to the chief author

14.31 of the legislation to which it relates. Within 24 hours of approval, a completed fiscal note

14.32 must be posted on the office's public Web site, unless data maintained by a government

14.33 entity related to the fiscal note are classified as not public under section 13.64, subdivision

14.34 3.




15.2 Sec. 13. Minnesota Statutes 2017 Supplement, section 3.98, subdivision 1, is amended to

15.3 read:

15.4 Subdivision 1. Preparation; duties. (a) The head or chief administrative officer of each

15.5 department or agency of the state government, including the Supreme Court, shall cooperate,

15.6 in consultation with the Legislative Budget Office and the Legislative Budget Office must

15.7 and consistent with the standards, guidelines, and procedures adopted under section 3.8853,

15.8 prepare a fiscal note at the request of the chair of the standing committee to which a bill

15.9 has been referred, or the chair of the house of representatives Ways and Means Committee,

15.10 or the chair of the senate Committee on Finance.

15.11 (b) Upon request of the Legislative Budget Office, the head or chief administrative

15.12 officer of each department or agency of state government, including the Supreme Court,

15.13 must promptly supply all information necessary for the Legislative Budget Office to prepare

15.14 an accurate and timely fiscal note.

15.15 (c) The Legislative Budget Office may adopt standards and guidelines governing timing

15.16 of responses to requests for information and governing access to data, consistent with laws

15.17 governing access to data. Agencies must comply with these standards and guidelines and

15.18 the Legislative Budget Office must publish them on the office's Web site.

15.19 (d) (b) For purposes of this subdivision, "Supreme Court" includes all agencies,

15.20 committees, and commissions supervised or appointed by the state Supreme Court or the

15.21 state court administrator.


15.23 Sec. 14. [4.074] PAYMENTS FROM EXECUTIVE AGENCIES.

15.24 The Office of the Governor may not receive payments to the governor's office account

15.25 in the special revenue fund of more than $750,000, in total, each fiscal year from other

15.26 executive agencies under section 15.53 to support costs, not including the residence

15.27 groundskeeper, incurred by the office.

15.28 Sec. 15. [5.42] DISPLAY OF BUSINESS ADDRESS ON WEB SITE.

15.29 (a) A business entity may request in writing that all addresses submitted by the business

15.30 entity to the secretary of state be omitted from display on the secretary of state's Web site.



16.1 A business entity may only request that all addresses be omitted from display if the entity

16.2 certifies that:

16.3 (1) there is only one shareholder, member, manager, or owner of the business entity;

16.4 (2) the shareholder, manager, member, or owner is a natural person; and

16.5 (3) at least one of the addresses provided is the residential address of the sole shareholder,

16.6 manager, member, or owner.

16.7 The secretary of state shall post a notice that this option is available and a link to the form

16.8 needed to make a request on the secretary's Web site. The secretary of state shall also attach

16.9 a copy of the request form to all business filing forms provided in a paper format that require

16.10 a business entity to submit an address.

16.11 (b) This section does not change the classification of data under chapter 13 and addresses

16.12 shall be made available to the public in response to requests made by telephone, mail,

16.13 electronic mail, and facsimile transmission.

16.14 EFFECTIVE DATE. This section is effective August 1, 2018, and applies to business

16.15 entity filings filed with the secretary of state on or after that date.


16.17 to read:

16.18 Subd. 3. CPA firm audit. (a) A county audit performed by a CPA firm must meet the

16.19 standards and be in a form meeting recognized industry auditing standards. The state auditor

16.20 may require additional information from the CPA firm if the state auditor determines that

16.21 is in the public interest, but the state auditor must accept the audit unless the state auditor

16.22 determines the audit or its form does not meet recognized industry auditing standards. The

16.23 state auditor may make additional examinations as the auditor determines to be in the public

16.24 interest.

16.25 (b) When the state auditor requires additional information from the CPA firm or makes

16.26 additional examinations that the state auditor determines to be in the public interest, the

16.27 state auditor must afford counties and CPA firms an opportunity to respond to potential

16.28 findings, conclusions, or questions, as follows:

16.29 (1) at least 30 days before beginning a review for work performed by a certified public

16.30 accountant firm licensed in chapter 326A, the state auditor must notify the county and CPA

16.31 firm that the state auditor will be conducting a review and must identify the type and scope

16.32 of review the state auditor will perform;



17.1 (2) throughout the state auditor's review, the auditor shall allow the county and the CPA

17.2 firm at least 30 days to respond to any request by the auditor for documents or other

17.3 information;

17.4 (3) the state auditor must provide the CPA firm with a draft report of the state auditor's

17.5 findings at least 30 days before issuing a final report;

17.6 (4) at least 20 days before issuing a final report, the state auditor must hold a formal exit

17.7 conference with the CPA firm to discuss the findings in the state auditor's draft report;

17.8 (5) the state auditor shall make changes to the draft report that are warranted as a result

17.9 of information provided by the CPA firm during the state auditor's review; and

17.10 (6) the state auditor's final report must include any written responses provided by the

17.11 CPA firm.

17.12 Sec. 17. Minnesota Statutes 2016, section 8.065, is amended to read:

17.13 8.065 PRIVATE ATTORNEY CONTRACTS.

17.14 (a) The attorney general may not enter into a contract for legal services in which the

17.15 fees and expenses paid by the state exceed, or can reasonably be expected to exceed,

17.16 $1,000,000 unless the attorney general first submits the proposed contract to the Legislative

17.17 Advisory Commission, and waits at least 20 days to receive a possible recommendation

17.18 from the commission.

17.19 (b) The attorney general may not contract for legal services on a contingent fee basis.


17.21 applies to contracts entered on or after that date.

17.22 Sec. 18. Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:

17.23 Subd. 35. Public official. "Public official" means any:

17.24 (1) member of the legislature;

17.25 (2) individual employed by the legislature as secretary of the senate, legislative auditor,

17.26 director of the Legislative Budget Office, chief clerk of the house of representatives, revisor

17.27 of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of

17.28 Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis

17.29 Department;



18.1 (3) constitutional officer in the executive branch and the officer's chief administrative

18.2 deputy;

18.3 (4) solicitor general or deputy, assistant, or special assistant attorney general;

18.4 (5) commissioner, deputy commissioner, or assistant commissioner of any state

18.5 department or agency as listed in section 15.01 or 15.06, or the state chief information

18.6 officer;

18.7 (6) member, chief administrative officer, or deputy chief administrative officer of a state

18.8 board or commission that has either the power to adopt, amend, or repeal rules under chapter

18.9 14, or the power to adjudicate contested cases or appeals under chapter 14;

18.10 (7) individual employed in the executive branch who is authorized to adopt, amend, or

18.11 repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

18.12 (8) executive director of the State Board of Investment;

18.13 (9) deputy of any official listed in clauses (7) and (8);

18.14 (10) judge of the Workers' Compensation Court of Appeals;

18.15 (11) administrative law judge or compensation judge in the State Office of Administrative

18.16 Hearings or unemployment law judge in the Department of Employment and Economic

18.17 Development;

18.18 (12) member, regional administrator, division director, general counsel, or operations

18.19 manager of the Metropolitan Council;

18.20 (13) member or chief administrator of a metropolitan agency;

18.21 (14) director of the Division of Alcohol and Gambling Enforcement in the Department

18.22 of Public Safety;

18.23 (15) member or executive director of the Higher Education Facilities Authority;

18.24 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;

18.25 (17) member of the board of directors or executive director of the Minnesota State High

18.26 School League;

18.27 (18) member of the Minnesota Ballpark Authority established in section 473.755;

18.28 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

18.29 (20) manager of a watershed district, or member of a watershed management organization

18.30 as defined under section 103B.205, subdivision 13;



19.1 (21) supervisor of a soil and water conservation district;

19.2 (22) director of Explore Minnesota Tourism;

19.3 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section

19.4 97A.056;

19.5 (24) citizen member of the Clean Water Council established in section 114D.30;

19.6 (25) member or chief executive of the Minnesota Sports Facilities Authority established

19.7 in section 473J.07;

19.8 (26) district court judge, appeals court judge, or Supreme Court justice;

19.9 (27) county commissioner;

19.10 (28) member of the Greater Minnesota Regional Parks and Trails Commission; or

19.11 (29) member of the Destination Medical Center Corporation established in section

19.12 469.41.



19.15 Subd. 2. State emergency plan. The division shall develop and maintain a comprehensive

19.16 state emergency operations plan and emergency management program in accord with section

19.17 12.21, subdivision 3, clause (2) paragraph (b), and ensure that other state emergency plans

19.18 that may be developed are coordinated and consistent with the comprehensive state

19.19 emergency operations plan. The director of the division must provide assistance to the

19.20 legislative branch, the judicial branch, and the executive council in developing the plans

19.21 required by sections 12.401, 12.402, and 12.403.


19.23 Subd. 3. Specific authority. (a) In performing duties under this chapter and to effect its

19.24 policy and purpose, the governor may:

19.25 (1) make, amend, and rescind the necessary orders and rules to carry out the provisions

19.26 of this chapter and section 216C.15 within the limits of the authority conferred by this

19.27 section, with due consideration of the plans of the federal government and without complying

19.28 with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided

19.29 by section 12.32;



20.1 (2) ensure that a comprehensive emergency operations plan and emergency management

20.2 program for this state are developed and maintained, and are integrated into and coordinated

20.3 with the emergency plans of the federal government and of other states to the fullest possible

20.4 extent;

20.5 (3) (2) in accordance with the emergency operations plan and the emergency management

20.6 program of this state, procure supplies, equipment, and facilities; institute training programs

20.7 and public information programs; and take all other preparatory steps, including the partial

20.8 or full activation of emergency management organizations in advance of actual disaster to

20.9 ensure the furnishing of adequately trained and equipped forces of emergency management

20.10 personnel in time of need;

20.11 (4) (3) make studies and surveys of the industries, resources, and facilities in this state

20.12 as may be necessary to ascertain the capabilities of the state for emergency management

20.13 and to plan for the most efficient emergency use of those industries, resources, and facilities;

20.14 (5) (4) on behalf of this state, enter into mutual aid arrangements or cooperative

20.15 agreements with other states, tribal authorities, and Canadian provinces, and coordinate

20.16 mutual aid plans between political subdivisions of this state;

20.17 (6) (5) delegate administrative authority vested in the governor under this chapter, except

20.18 the power to make rules, and provide for the subdelegation of that authority;

20.19 (7) (6) cooperate with the president and the heads of the armed forces, the Emergency

20.20 Management Agency of the United States and other appropriate federal officers and agencies,

20.21 and with the officers and agencies of other states in matters pertaining to the emergency

20.22 management of the state and nation, including the direction or control of:

20.23 (i) emergency preparedness drills and exercises;

20.24 (ii) warnings and signals for drills or actual emergencies and the mechanical devices to

20.25 be used in connection with them;

20.26 (iii) shutting off water mains, gas mains, electric power connections and the suspension

20.27 of all other utility services;

20.28 (iv) the conduct of persons in the state, including entrance or exit from any stricken or

20.29 threatened public place, occupancy of facilities, and the movement and cessation of

20.30 movement of pedestrians, vehicular traffic, and all forms of private and public transportation

20.31 during, prior, and subsequent to drills or actual emergencies;

20.32 (v) public meetings or gatherings; and



21.1 (vi) the evacuation, reception, and sheltering of persons;

21.2 (8) (7) contribute to a political subdivision, within the limits of the appropriation for

21.3 that purpose, not more than 25 percent of the cost of acquiring organizational equipment

21.4 that meets standards established by the governor;

21.5 (9) (8) formulate and execute, with the approval of the Executive Council, plans and

21.6 rules for the control of traffic in order to provide for the rapid and safe movement over

21.7 public highways and streets of troops, vehicles of a military nature, and materials for national

21.8 defense and war or for use in any war industry, for the conservation of critical materials, or

21.9 for emergency management purposes; and coordinate the activities of the departments or

21.10 agencies of the state and its political subdivisions concerned directly or indirectly with

21.11 public highways and streets, in a manner that will best effectuate those plans;

21.12 (10) (9) alter or adjust by executive order, without complying with sections 14.01 to

21.13 14.69, the working hours, workdays and work week of, and annual and sick leave provisions

21.14 and payroll laws regarding all state employees in the executive branch as the governor

21.15 deems necessary to minimize the impact of the disaster or emergency, conforming the

21.16 alterations or adjustments to existing state laws, rules, and collective bargaining agreements

21.17 to the extent practicable;

21.18 (11) (10) authorize the commissioner of education to alter school schedules, curtail

21.19 school activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11,

21.20 13, and 17, and including charter schools under chapter 124E, and elementary schools

21.21 enrolling prekindergarten pupils in district programs; and

21.22 (12) (11) transfer the direction, personnel, or functions of state agencies to perform or

21.23 facilitate response and recovery programs.

21.24 (b) In performing duties under this chapter and to effect its policy and purpose, the

21.25 governor must direct the Division of Emergency Management to adopt and maintain a

21.26 comprehensive emergency operations plan and emergency management program for this

21.27 state that is integrated into and coordinated with the emergency plans of the federal

21.28 government and other states to the fullest possible extent. The comprehensive emergency

21.29 operations plan must incorporate plans for the secure, continued operation of state

21.30 government in the event of a disaster or emergency, including those adopted under sections

21.31 12.401, 12.402, and 12.403.



22.1 Sec. 21. [12.401] EMERGENCY OPERATIONS AND CONTINUITY PLAN;

22.2 LEGISLATIVE BRANCH.

22.3 Subdivision 1. Adoption of the plan required. (a) The Legislative Coordinating

22.4 Commission must adopt and maintain an emergency operations and continuity of government

22.5 plan to ensure the secure, continued operation of the house of representatives, senate, and

22.6 joint legislative offices in the event of a disaster, emergency, or declared emergency. In

22.7 developing the plan, the commission must consult and cooperate with the state director of

22.8 emergency management to ensure the plan's compatibility with the comprehensive state

22.9 emergency operations plan and emergency management program. The commission must

22.10 also consult with the governor or the governor's designee, and the chief justice of the Supreme

22.11 Court or the chief justice's designee, to ensure the plan's compatibility with those adopted

22.12 for the judicial branch under section 12.402 and the executive council under section 12.403,

22.13 to the extent practical.

22.14 (b) At a minimum, the commission's plan must address reasonably foreseeable effects

22.15 of a disaster, emergency, or declared emergency on the ability of the legislature to perform

22.16 its constitutional functions, including but not limited to the following:

22.17 (1) identification of at least three suitable locations within the state at which the legislature

22.18 could conduct operations in the event of a disaster or declared emergency that makes the

22.19 State Capitol unsafe or inaccessible, with one location designated as a primary alternate

22.20 location and two designated as backup alternate locations if the primary location is unsafe

22.21 or inaccessible;

22.22 (2) plans to provide timely and secure communications regarding a disaster, emergency,

22.23 or declared emergency to all affected members and personnel, including alternate methods

22.24 of communication if a primary method is unavailable;

22.25 (3) plans to securely transport all members, designated personnel, and necessary

22.26 equipment and records to an alternate location and begin legislative operations at that location

22.27 in a timely manner;

22.28 (4) plans to ensure reasonable public notice of the legislature's operations and access to

22.29 its proceedings in-person or by electronic, broadcast, or other means as the circumstances

22.30 of the emergency allow;

22.31 (5) additional procedures, as necessary, to implement the requirements of subdivisions

22.32 2 and 3;



23.1 (6) procedures for the orderly return of legislative operations to the State Capitol, as

23.2 soon as circumstances allow; and

23.3 (7) policy decisions that address any other procedures or protocols recommended for

23.4 inclusion by the state director of emergency management.

23.5 (c) The plan must be adopted and maintained by the Legislative Coordinating Commission

23.6 no later than January 30, 2019, and may be subsequently amended at any time. At a minimum,

23.7 the plan must be reviewed by the full commission and designated legislative staff no later

23.8 than January 30 of each odd-numbered year. A meeting of the commission may be closed

23.9 to the public for any of these purposes.

23.10 (d) Copies of the plan must be filed with the governor, the secretary of state, the state

23.11 director of emergency management, and at each of the alternate locations designated in the

23.12 plan. Unless otherwise directed by the Legislative Coordinating Commission, the copies of

23.13 the plan must be securely maintained and may not be further disclosed to any person except

23.14 as required by this chapter, or as necessary to develop and implement the plan's requirements.

23.15 To the extent data regarding the plan is held by a government entity, as defined in section

23.16 13.02, subdivision 7a, the data are security information under section 13.37.

23.17 Subd. 2. Implementation of plan. (a) The governor or the chair of the Legislative

23.18 Coordinating Commission may order that the legislature's emergency operations and

23.19 continuity of government plan be implemented in whole or in part, if an emergency is

23.20 declared or if circumstances indicate a disaster or emergency is occurring or a declared

23.21 emergency may be imminent. If a change in location is ordered, the legislature must be

23.22 directed to a location designated in the plan, or if those designated locations are unsafe or

23.23 inaccessible, to any other location within or outside of the state which the governor or chair

23.24 deems safe and accessible. If implementation of the plan is ordered by the chair of the

23.25 Legislative Coordinating Commission, the chair must notify the governor and the state

23.26 director of emergency management as soon as practicable following implementation.

23.27 (b) A legislative session convened at an alternate location must be reconvened at the

23.28 State Capitol as soon as practical after the capitol is secured and restored to accessibility.

23.29 Subd. 3. Special session at an alternate location; legislative procedure. (a) In the

23.30 event of a declared emergency, if the legislature is not in session, the governor shall convene

23.31 a special session when required by section 12.31, subdivisions 1 and 2.

23.32 (b) If the governor fails to convene a special session after declaring a national security

23.33 emergency, the chair of the Legislative Coordinating Commission shall order implementation

23.34 of the legislature's emergency operations and continuity of government plan, and the



24.1 legislature shall convene at the State Capitol, or alternate location designated by the plan,

24.2 on the first Tuesday after the first Monday more than 30 days after the national security

24.3 emergency was declared.

24.4 (c) At a special session convened at an alternate location due to a disaster, emergency,

24.5 or declared emergency, the quorum requirement for the legislature is a majority of the

24.6 members of each house who convene for the session. If the affirmative vote of a specified

24.7 proportion of members of the legislature would otherwise be required to approve a bill,

24.8 resolution, or for any other action, the same proportion of the members of each house

24.9 convening at the session is sufficient. At the time the special session convenes, the legislature

24.10 shall adopt temporary joint rules as necessary to ensure the orderly conduct of legislative

24.11 business in the alternate location, including compliance with the requirements of the

24.12 Minnesota Constitution and the rules of parliamentary practice.


24.14 JUDICIAL BRANCH.

24.15 Subdivision 1. Adoption of plan required. (a) The Supreme Court must adopt and

24.16 maintain an emergency operations and continuity of government plan to ensure the secure,

24.17 continued operation of the judicial branch in the event of a disaster, emergency, or declared

24.18 emergency. In developing the plan, the court must consult and cooperate with the state

24.19 director of emergency management to ensure the plan's compatibility with the comprehensive

24.20 state emergency operations plan and emergency management program. The court must also

24.21 consult the governor or the governor's designee, and the chair of the Legislative Coordinating

24.22 Commission, or the chair's designee, to ensure the plan's compatibility with those adopted

24.23 for the executive council and legislative branch under sections 12.401 and 12.403, to the

24.24 extent practical.

24.25 (b) At a minimum, the Supreme Court's plan must address reasonably foreseeable effects

24.26 of a disaster, emergency, or declared emergency, on the ability of the judicial branch to

24.27 perform its constitutional functions, including but not limited to the following:

24.28 (1) identification of at least three suitable locations within the state at which the Supreme

24.29 Court, Court of Appeals, and central administrative functions of the judicial branch could

24.30 operate in the event of a disaster or declared emergency that make its regular location unsafe

24.31 or inaccessible, with one location designated as a primary alternate location and two

24.32 designated as backup alternate locations if the primary location is unsafe or inaccessible;




25.2 or declared emergency to all affected personnel, including alternate methods of

25.3 communication if a primary method is unavailable;

25.4 (3) plans to securely transport affected justices, judges, designated personnel, and

25.5 necessary equipment and records to an alternate location and begin judicial operations at

25.6 that location in a timely manner;

25.7 (4) plans to ensure reasonable public notice of the judicial branch's operations and access

25.8 to its proceedings and records in-person or by electronic, broadcast, or other means as the

25.9 rules of the court require and the circumstances of the emergency allow;

25.10 (5) plans to ensure the rights and protections guaranteed by the federal and state

25.11 constitutions to criminal defendants, petitioners, and civil litigants are preserved;

25.12 (6) procedures for the orderly return of judicial branch operations to their regular location,

25.13 as soon as circumstances allow; and



25.16 (c) The plan must be adopted and maintained by the Supreme Court no later than January

25.17 30, 2019, and may be subsequently amended at any time. At a minimum, the plan must be

25.18 reviewed by the justices and judges of the Supreme Court and Court of Appeals, and

25.19 designated staff, no later than January 30 of each odd-numbered year.

25.20 (d) Copies of the plan must be filed with the governor, the secretary of state, the state

25.21 director of emergency management, and at each of the alternate locations designated in the

25.22 plan. Unless otherwise directed by the court, the copies of the plan must be securely

25.23 maintained and may not be further disclosed to any person except as required by this chapter,

25.24 or as necessary to develop and implement the plan's requirements. To the extent data

25.25 regarding the plan is held by a government entity, as defined in section 13.02, subdivision

25.26 7a, the data are security information under section 13.37.

25.27 Subd. 2. Implementation of plan. (a) The governor or the chief justice may order that

25.28 the judiciary's emergency operations and continuity of government plan be implemented in

25.29 whole or in part, if an emergency is declared or if circumstances indicate a disaster or

25.30 emergency is occurring or a declared emergency may be imminent. If a change in location

25.31 is ordered, the affected personnel must be directed to a location designated in the plan, or

25.32 if those designated locations are unsafe or inaccessible, to any other location within or

25.33 outside of the state which the governor or chief justice deems safe and accessible. If



26.1 implementation of the plan is ordered by the chief justice, the chief justice must notify the

26.2 governor and the state director of emergency management as soon as practicable following

26.3 implementation.

26.4 (b) A court convened at an alternate location must be reconvened at its regular location

26.5 as soon as practical after the location is secured and restored to accessibility.


26.7 CONSTITUTIONAL OFFICERS.

26.8 Subdivision 1. Adoption of plan required. (a) The executive council must adopt and

26.9 maintain an emergency operations and continuity of government plan to ensure the secure,

26.10 continued operation of each constitutional office in the event of a disaster, emergency, or

26.11 declared emergency. In developing the plan, the council must consult and cooperate with

26.12 the state director of emergency management to ensure the plan's compatibility with the

26.13 comprehensive state emergency operations plan and emergency management program. The

26.14 council must also consult the chair of the Legislative Coordinating Commission or the chair's

26.15 designee, and the chief justice of the Supreme Court or the chief justice's designee, to ensure

26.16 the plan's compatibility with those adopted for the legislative branch and judicial branch

26.17 under sections 12.401 and 12.402, to the extent practical.

26.18 (b) At a minimum, the council's plan must address reasonably foreseeable effects of a

26.19 disaster, emergency, or declared emergency, on the ability of the state constitutional officers

26.20 to perform their constitutional functions, including but not limited to the following:

26.21 (1) identification of at least three suitable locations within the state at which the

26.22 constitutional officers could conduct operations in the event of a disaster, emergency, or

26.23 declared emergency that make their regular locations unsafe or inaccessible, with one

26.24 location designated as a primary alternate location and two designated as backup alternate

26.25 locations if the primary location is unsafe or inaccessible;


26.27 or declared emergency to all affected constitutional officers and personnel, including alternate

26.28 methods of communication if a primary method is unavailable;

26.29 (3) plans to securely transport all constitutional officers, designated personnel, and

26.30 necessary equipment and records to an alternate location and begin operations at that location

26.31 in a timely manner;



27.1 (4) plans to ensure reasonable public notice of each constitutional officer's operations

27.2 and access to the officers and records in person or by electronic, broadcast, or other means

27.3 as the circumstances of the emergency allow;

27.4 (5) procedures for the orderly return of operations to the State Capitol, as soon as

27.5 circumstances allow; and



27.8 (c) The plan must be adopted no later than January 30, 2019, and may be subsequently

27.9 amended at any time. At a minimum, the plan must be reviewed by the executive council

27.10 and designated staff no later than January 30 of each odd-numbered year. A meeting of the

27.11 council may be closed to the public for any of these purposes.

27.12 (d) Copies of the plan must be filed with each constitutional officer, the state director

27.13 of emergency management, and at each of the alternate locations designated in the plan.

27.14 Unless otherwise directed by the executive council, the copies of the plan are security data

27.15 under section 13.37, must be securely maintained, and may not be further disclosed to any

27.16 person except as required by this chapter, or as necessary to develop and implement its

27.17 requirements.

27.18 Subd. 2. Implementation of plan. (a) The governor or any constitutional officer, with

27.19 respect to that officer's constitutional office, may order that the executive council's emergency

27.20 operations and continuity of government plan be implemented in whole or in part, if an

27.21 emergency is declared or if circumstances indicate a disaster or emergency is occurring or

27.22 a declared emergency may be imminent. If a change in location is ordered, affected personnel

27.23 must be directed to a location designated in the plan, or if those designated locations are

27.24 unsafe or inaccessible, to any other location within or outside of the state which the governor

27.25 or constitutional officer deems safe and accessible. If implementation of the plan is ordered

27.26 by a constitutional officer other than the governor, the officer must notify the governor and

27.27 the state director of emergency management as soon as practicable following implementation.

27.28 (b) A constitutional officer's primary office must be returned to its regular location as

27.29 soon as practical after that location is secured and restored to accessibility.


27.31 read:

27.32 Subd. 1a. Chief administrative law judge. "Chief administrative law judge" means the

27.33 chief administrative law judge of the state Office of Administrative Hearings.




28.2 read:

28.3 Subd. 8a. Information policy analysis unit. "Information policy analysis unit" means

28.4 the work unit within the Office of Administrative Hearings established under section 13.071.

28.5 Sec. 26. [13.071] INFORMATION POLICY ANALYSIS UNIT; DATA PRACTICES

28.6 COORDINATOR.

28.7 Subdivision 1. Information policy analysis unit established. An information policy

28.8 analysis unit is established as a work unit within the Office of Administrative Hearings.

28.9 Subd. 2. Data practices coordinator. (a) The chief administrative law judge shall

28.10 appoint a data practices coordinator in the unclassified service who shall oversee the

28.11 operations of the information policy analysis unit.

28.12 (b) The coordinator must be knowledgeable about the Minnesota Government Data

28.13 Practices Act, the Minnesota Open Meeting Law, and federal laws and regulations regarding

28.14 data privacy. The coordinator must have experience in dealing with both private enterprise

28.15 and governmental entities, interpreting laws and regulations, record keeping, report writing,

28.16 public speaking, and management.

28.17 Subd. 3. Duties. The information policy analysis unit shall:

28.18 (1) informally advise and serve as a technical resource for government entities on

28.19 questions related to public access to government data, rights of subjects of data, classification

28.20 of data, or applicable duties under chapter 13D;

28.21 (2) informally advise persons regarding their rights under this chapter or chapter 13D;

28.22 (3) administer training on chapter 13D and the public information policy training program

28.23 under section 13.073;

28.24 (4) issue advisory opinions pursuant to section 13.072;

28.25 (5) operate in a manner that effectively screens the work of the information policy

28.26 analysis unit from any administrative law judges assigned to a contested case pursuant to

28.27 section 13.085; and

28.28 (6) perform other duties as directed by the chief administrative law judge.

28.29 Subd. 4. Effect of informal advice. Informal advice or trainings offered by the

28.30 information policy analysis unit is not binding on a government entity or members of a body

28.31 subject to chapter 13D, does not constitute legal advice or an advisory opinion under section



29.1 13.072, and has no effect on liability, fines, or fee awards arising from a violation of this

29.2 chapter or chapter 13D. This section does not preclude a person from, in addition to or

29.3 instead of requesting advice from the information policy analysis unit, seeking an advisory

29.4 opinion under section 13.072, or bringing any other action under this chapter or other law.

29.5 Subd. 5. Data submitted to information policy analysis unit. A government entity

29.6 may submit not public data to the information policy analysis unit for the purpose of

29.7 requesting advice. Government data submitted to the information policy analysis unit by a

29.8 government entity or copies of government data submitted by other persons have the same

29.9 classification as the data have when held by the government entity.


29.11 13.072 ADVISORY OPINIONS BY THE COMMISSIONER INFORMATION

29.12 POLICY ANALYSIS UNIT.

29.13 Subdivision 1. Advisory opinion; when required. (a) Upon request of a government

29.14 entity, the commissioner may information policy analysis unit shall give a written advisory

29.15 opinion on any question relating to public access to government data, rights of subjects of

29.16 data, or classification of data under this chapter or other Minnesota statutes governing

29.17 government data practices. Upon request of any person who disagrees with a determination

29.18 regarding data practices made by a government entity, the commissioner may information

29.19 policy analysis unit shall give a written advisory opinion regarding the person's rights as a

29.20 subject of government data or right to have access to government data.

29.21 (b) Upon request of a body subject to chapter 13D, the commissioner may information

29.22 policy analysis unit shall give a written advisory opinion on any question relating to the

29.23 body's duties under chapter 13D. Upon request of a person who disagrees with the manner

29.24 in which members of a governing body perform their duties under chapter 13D, the

29.25 commissioner may information policy analysis unit shall give a written advisory opinion

29.26 on compliance with chapter 13D. A governing body or person requesting an opinion under

29.27 this paragraph must pay the commissioner a fee of $200. Money received by the

29.28 commissioner under this paragraph is appropriated to the commissioner for the purposes of

29.29 this section.

29.30 (c) If the commissioner determines that no opinion will be issued, the commissioner

29.31 shall give the government entity or body subject to chapter 13D or person requesting the

29.32 opinion notice of the decision not to issue the opinion within five business days of receipt

29.33 of the request. If this notice is not given, the commissioner The information policy analysis

29.34 unit shall issue an advisory opinion within 20 days of receipt of the request.



30.1 (d) For good cause and upon written notice to the person requesting the advisory opinion,

30.2 the commissioner chief administrative law judge may extend this deadline for one additional

30.3 30-day period. The notice must state the reason for extending the deadline. The government

30.4 entity or the members of a body subject to chapter 13D must be provided a reasonable

30.5 opportunity to explain the reasons for its decision regarding the data or how they perform

30.6 their duties under chapter 13D. The commissioner information policy analysis unit or the

30.7 government entity or body subject to chapter 13D may choose to give notice to the subject

30.8 of the data concerning the dispute regarding the data or compliance with chapter 13D.

30.9 (e) This section does not apply to a determination made by the commissioner of health

30.10 under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

30.11 (f) A written, numbered, and published opinion issued by the attorney general shall take

30.12 precedence over an advisory opinion issued by the commissioner information policy analysis

30.13 unit under this section.

30.14 (g) A decision of the Office of Administrative Hearings issued under section 13.085

30.15 shall take precedence over an advisory opinion issued by the information policy analysis

30.16 unit under this section.

30.17 Subd. 2. Effect. (a) Advisory opinions issued by the commissioner information policy

30.18 analysis unit under this section are not binding on the government entity or members of a

30.19 body subject to chapter 13D whose data or performance of duties is the subject of the

30.20 advisory opinion, but an advisory opinion described in subdivision 1, paragraph (a), must

30.21 be given deference by a court or other tribunal in a proceeding involving the data. The

30.22 commissioner information policy analysis unit shall arrange for public dissemination of

30.23 advisory opinions issued under this section, and shall indicate when the principles stated in

30.24 an advisory opinion are not intended to provide guidance to all similarly situated persons

30.25 or government entities. This section does not preclude a person from bringing any other

30.26 action under this chapter or other law in addition to or instead of requesting a written advisory

30.27 opinion. A government entity, members of a body subject to chapter 13D, or person that

30.28 acts in conformity with a written advisory opinion of the commissioner information policy

30.29 analysis unit issued to the government entity, members, or person or to another party is not

30.30 liable for compensatory or exemplary damages or awards of attorneys fees in actions for

30.31 violations arising under section 13.08 or 13.085, or for a penalty under section 13.09 or for

30.32 fines, awards of attorney fees, or any other penalty under chapter 13D. A member of a body

30.33 subject to chapter 13D is not subject to forfeiture of office if the member was acting in

30.34 reliance on an advisory opinion.



31.1 (b) The information policy analysis unit shall publish and maintain all previously issued

31.2 written opinions of the commissioner of administration in the same manner as advisory

31.3 opinions issued by the information policy analysis unit. A previously issued written opinion

31.4 by the commissioner of administration has the same effect as an advisory opinion issued

31.5 by the information policy analysis unit.

31.6 Subd. 4. Data submitted to commissioner information policy analysis unit. A

31.7 government entity may submit not public data to the commissioner information policy

31.8 analysis unit for the purpose of requesting or responding to a person's request for an advisory

31.9 opinion. Government data submitted to the commissioner information policy analysis unit

31.10 by a government entity or copies of government data submitted by other persons have the

31.11 same classification as the data have when held by the government entity. If the nature of

31.12 the advisory opinion is such that the release of the advisory opinion would reveal not public

31.13 data, the commissioner information policy analysis unit may issue an advisory opinion using

31.14 pseudonyms for individuals. Data maintained by the commissioner information policy

31.15 analysis unit, in the record of an advisory opinion issued using pseudonyms that would

31.16 reveal the identities of individuals protected by the use of the pseudonyms, are private data

31.17 on individuals.


31.19 Subd. 4. Action to compel compliance. (a) Actions to compel compliance may be

31.20 brought either under this subdivision or section 13.085. For actions under this subdivision,

31.21 in addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved

31.22 person seeking to enforce the person's rights under this chapter or obtain access to data may

31.23 bring an action in district court to compel compliance with this chapter and may recover

31.24 costs and disbursements, including reasonable attorney's fees, as determined by the court.

31.25 If the court determines that an action brought under this subdivision is frivolous and without

31.26 merit and a basis in fact, it may award reasonable costs and attorney fees to the responsible

31.27 authority. If the court issues an order to compel compliance under this subdivision, the court

31.28 may impose a civil penalty of up to $1,000 against the government entity. This penalty is

31.29 payable to the state general fund and is in addition to damages under subdivision 1. The

31.30 matter shall be heard as soon as possible. In an action involving a request for government

31.31 data under section 13.03 or 13.04, the court may inspect in camera the government data in

31.32 dispute, but shall conduct its hearing in public and in a manner that protects the security of

31.33 data classified as not public. If the court issues an order to compel compliance under this

31.34 subdivision, the court shall forward a copy of the order to the commissioner of administration

31.35 chief administrative law judge.



32.1 (b) In determining whether to assess a civil penalty under this subdivision, the court or

32.2 other tribunal shall consider whether the government entity has substantially complied with

32.3 general data practices under this chapter, including but not limited to, whether the government

32.4 entity has:

32.5 (1) designated a responsible authority under section 13.02, subdivision 16;

32.6 (2) designated a data practices compliance official under section 13.05, subdivision 13;

32.7 (3) prepared the data inventory that names the responsible authority and describes the

32.8 records and data on individuals that are maintained by the government entity under section

32.9 13.025, subdivision 1;

32.10 (4) developed public access procedures under section 13.03, subdivision 2; procedures

32.11 to guarantee the rights of data subjects under section 13.025, subdivision 3; and procedures

32.12 to ensure that data on individuals are accurate and complete and to safeguard the data's

32.13 security under section 13.05, subdivision 5;

32.14 (5) acted in conformity with an advisory opinion issued under section 13.072 that was

32.15 sought by a government entity or another person;

32.16 (6) acted in conformity with a decision of the Office of Administrative Hearings issued

32.17 under section 13.085; or

32.18 (6) (7) provided ongoing training to government entity personnel who respond to requests

32.19 under this chapter.

32.20 (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has

32.21 brought an action under this subdivision if the government entity that is the defendant in

32.22 the action was also the subject of a written an advisory opinion issued under section 13.072

32.23 or a decision of the Office of Administrative Hearings issued under section 13.085 and the

32.24 court finds that the opinion or decision is directly related to the cause of action being litigated

32.25 and that the government entity did not act in conformity with the opinion or decision.


32.27 Subd. 2. Complaints. (a) A complaint alleging a violation of this chapter or chapter

32.28 13D for which an order to compel compliance is requested may be filed with the office. An

32.29 action to compel compliance does not include procedures pursuant to section 13.04,

32.30 subdivision 4 or 4a.

32.31 (b) The complaint must be filed with the office within two years after the occurrence of

32.32 the act or failure to act that is the subject of the complaint, except that if the act or failure



33.1 to act involves concealment or misrepresentation by the government entity that could not

33.2 be discovered during that period, the complaint may be filed with the office within one year

33.3 after the concealment or misrepresentation is discovered.

33.4 (c) The complaint must be made in writing, submitted under oath, and detail the factual

33.5 basis for the claim that a violation of law has occurred. The office may prescribe a standard

33.6 form for the complaint. The complaint must be accompanied by a filing fee of $1,000 $250

33.7 or a bond to guarantee the payment of this fee.

33.8 (d) Upon receipt of a filed complaint, the office must immediately notify the respondent

33.9 and, if known, the applicable responsible authority for the government entity, if the

33.10 responsible authority is not otherwise named as the respondent. The office must provide

33.11 the respondent with a copy of the complaint by the most expeditious means available. Notice

33.12 to a responsible authority must be delivered by certified mail. The office must also notify,

33.13 to the extent practicable, any individual or entity that is the subject of all or part of the data

33.14 in dispute.

33.15 (e) The office must notify the commissioner of administration of an action filed under

33.16 this section. Proceedings under this section must be dismissed without prejudice as untimely

33.17 and the complainant's filing fee must be refunded if a request for an advisory opinion from

33.18 the commissioner was accepted on the matter under section 13.072 before the complaint

33.19 was filed, and the complainant's filing fee must be refunded advisory opinion has not yet

33.20 been issued.

33.21 (f) The respondent must file a response to the complaint within 15 business days of

33.22 receipt of the notice. For good cause shown, the office may extend the time for filing a

33.23 response.


33.25 Subd. 3. Probable cause review. (a) In conformity with the Minnesota Code of Judicial

33.26 Conduct, the chief administrative law judge must assign an administrative law judge to

33.27 review each complaint. The chief administrative law judge must ensure that any assigned

33.28 administrative law judge is screened from any involvement with any informal advice provided

33.29 under section 13.071 or with an advisory opinion issued under section 13.072 that involves

33.30 the parties to the complaint. Within 20 business days after a response is filed, or the

33.31 respondent's time to file the response, including any extension, has expired, the administrative

33.32 law judge must make a preliminary determination for its disposition as follows:



34.1 (1) if the administrative law judge determines that the complaint and any timely response

34.2 of the respondent agency do not present sufficient facts to believe that a violation of this

34.3 chapter has occurred, the complaint must be dismissed; or

34.4 (2) if the administrative law judge determines that the complaint and any timely response

34.5 of the respondent agency do present sufficient facts to believe that a violation of this chapter

34.6 has occurred, the judge must schedule a hearing as provided in subdivision 4.

34.7 (b) The office must notify all parties of the determination made under paragraph (a).

34.8 The notice must provide as follows:

34.9 (1) if the complaint is scheduled for a hearing, the notice must identify the time and

34.10 place of the hearing and inform all parties that they may submit evidence, affidavits,

34.11 documentation, and argument for consideration by the administrative law judge; or

34.12 (2) if the complaint is dismissed for failure to present sufficient facts to believe that a

34.13 violation of this chapter has occurred, the notice must inform the parties of the right of the

34.14 complainant to seek reconsideration of the decision on the record by the chief administrative

34.15 law judge, as provided in paragraph (c).

34.16 (c) A petition for reconsideration may be filed no later than five business days after a

34.17 complaint is dismissed for failure to present sufficient facts to believe that a violation of

34.18 this chapter has occurred. The chief administrative law judge must review the petition and

34.19 make a final ruling within ten business days after its receipt. If the chief administrative law

34.20 judge determines that the assigned administrative law judge made a clear material error,

34.21 the chief administrative law judge must schedule the matter for a hearing as provided in

34.22 subdivision 4.


34.24 Subd. 4. Hearing; procedure. (a) A hearing on a complaint must be held within 30

34.25 business days after the parties are notified that a hearing will be held. An oral hearing to

34.26 resolve questions of law may be waived upon consent of all parties and the presiding assigned

34.27 administrative law judge. For good cause shown, the judge may delay the date of a hearing

34.28 by no more than ten business days. The judge may continue a hearing to enable the parties

34.29 to submit additional evidence or testimony.

34.30 (b) The administrative law judge must consider any evidence and argument submitted

34.31 until the hearing record is closed, including affidavits and documentation.

34.32 (c) All hearings, and any records relating to the hearing, must be open to the public,

34.33 except that the judge may inspect in camera any government data in dispute. If the hearing



35.1 record contains information that is not public data, the judge may conduct a closed hearing

35.2 to consider the information, issue necessary protective orders, and seal all or part of the

35.3 hearing record, as provided in section 14.60, subdivision 2. If a party contends, and the

35.4 judge concludes, that not public data could be improperly disclosed while that party is

35.5 presenting its arguments, the judge shall close any portion of the hearing as necessary to

35.6 prevent the disclosure. A hearing may be conducted by conference telephone call or

35.7 interactive audio/video system, at the discretion of the presiding assigned judge, and upon

35.8 consent of all parties.


35.10 Subd. 5. Disposition. (a) Following a hearing, the judge must determine whether the

35.11 violation alleged in the complaint occurred and must make at least one of the following

35.12 dispositions. The judge may:

35.13 (1) dismiss the complaint;

35.14 (2) find that an act or failure to act constituted a violation of this chapter;

35.15 (3) impose a civil penalty against the respondent of up to $300;

35.16 (4) issue an order compelling the respondent to comply with a provision of law that has

35.17 been violated, and may establish a deadline for production of data, if necessary; and

35.18 (5) refer the complaint to the appropriate prosecuting authority for consideration of

35.19 criminal charges.

35.20 (b) In determining whether to assess a civil penalty, the office shall consider the factors

35.21 described in section 13.08, subdivision 4.

35.22 (c) The judge must render a decision on a complaint within ten business days after the

35.23 hearing record closes. The chief administrative law judge shall provide for public

35.24 dissemination of orders issued under this section. If the judge determines that a government

35.25 entity has violated a provision of law and issues an order to compel compliance, the office

35.26 shall forward a copy of the order to the commissioner of administration. Any order issued

35.27 pursuant to this section is enforceable through the district court for the district in which the

35.28 respondent is located.

35.29 (d) A party aggrieved by a final decision on a complaint filed under this section is entitled

35.30 to judicial review as provided in sections 14.63 to 14.69. Proceedings on a complaint are

35.31 not a contested case within the meaning of chapter 14 and are not otherwise governed by

35.32 chapter 14.



36.1 (e) A decision of the office under this section is not controlling in any subsequent action

36.2 brought in district court alleging the same violation and seeking damages.

36.3 (f) (e) A government entity or person that releases not public data pursuant to an order

36.4 under this section is immune from civil and criminal liability for that release. A government

36.5 entity or person that acts in conformity with an order issued under this section to the

36.6 government entity or to any other person is not liable for compensatory or exemplary damage

36.7 or awards of attorney fees for acting in conformity with that order in actions under this

36.8 section or section 13.08, or for a penalty under section 13.09.


36.10 Subd. 6. Costs; attorney fees. (a) A rebuttable presumption shall exist that a complainant

36.11 who substantially prevails on the merits in an action brought under this section is entitled

36.12 to an award of reasonable attorney fees, not to exceed $5,000. An award of attorney fees

36.13 may be denied if the judge determines that the violation is merely technical or that there is

36.14 a genuine uncertainty about the meaning of the governing law.

36.15 (b) Reasonable attorney fees, not to exceed $5,000, must be awarded to a substantially

36.16 prevailing complainant if the government entity that is the respondent in the action was also

36.17 the subject of a written an advisory opinion issued under section 13.072 or a prior decision

36.18 of the Office of Administrative Hearings issued under this section and the administrative

36.19 law judge finds that the opinion or decision is directly related to the matter in dispute and

36.20 that the government entity did not act in conformity with the opinion or decision.

36.21 (c) The office shall refund the filing fee of a substantially prevailing complainant in full,

36.22 less $50, and the office's costs in conducting the matter shall be billed to the respondent,

36.23 not to exceed $1,000.

36.24 (d) A complainant that does not substantially prevail on the merits shall be entitled to a

36.25 refund of the filing fee, less any costs incurred by the office in conducting the matter.

36.26 (e) If the administrative law judge determines that a complaint is frivolous, or brought

36.27 for purposes of harassment, the judge must order that the complainant pay the respondent's

36.28 reasonable attorney fees, not to exceed $5,000. The complainant shall not be entitled to a

36.29 refund of the filing fee.

36.30 (f) The court shall award the complainant costs and attorney fees incurred in bringing

36.31 an action in district court to enforce an order of the Office of Administrative Hearings under

36.32 this section.




37.2 read:

37.3 Subd. 8. Publication and authority of decisions. (a) The chief administrative law judge

37.4 shall provide for public dissemination of the office's decisions issued under this section.

37.5 Public dissemination must include the publication and maintenance of all decisions in a

37.6 user-friendly, searchable database conspicuously located on the office's Web site. Not public

37.7 data contained in a decision must be redacted prior to public dissemination.

37.8 (b) Unless the decision states otherwise, a decision of the office issued under this section

37.9 has precedential effect on future complaints under this section and shall, where appropriate,

37.10 be used to provide guidance to similarly situated persons or government entities.

37.11 (c) A government entity, member of a body subject to chapter 13D, or person that acts

37.12 in conformity with a decision of the office made under this section is not liable for

37.13 compensatory or exemplary damages or awards of attorney fees in actions for violations

37.14 arising under this section or section 13.08, or for a penalty under section 13.09 or for fines,

37.15 awards of attorney fees, or any other penalty under chapter 13D. A member of a body subject

37.16 to chapter 13D is not subject to forfeiture of office if the member was acting in reliance on

37.17 a decision of the office made under this section.


37.19 read:

37.20 Subd. 4. Fiscal note data must be shared with Legislative Budget Office. A

37.21 government entity must provide any data, regardless of its classification, to the director of

37.22 the Legislative Budget Office for review, upon the director's request and consistent with

37.23 section 3.8853, subdivision 4. The data must be supplied according to any standards,

37.24 guidelines, or procedures adopted under section 3.8853, subdivision 3, including any

37.25 standards or procedures governing timeliness. Notwithstanding section 13.05, subdivision

37.26 9, a responsible authority may not require the Legislative Budget Office to pay a cost for

37.27 supplying data requested under this subdivision.



37.30 13.685 MUNICIPAL UTILITY CUSTOMER DATA.

37.31 Data on customers of municipal electric utilities are private data on individuals or

37.32 nonpublic data, but may be released to:



38.1 (1) a law enforcement agency that requests access to the data in connection with an

38.2 investigation;

38.3 (2) a school for purposes of compiling pupil census data;

38.4 (3) the Metropolitan Council for use in studies or analyses required by law;

38.5 (4) a public child support authority for purposes of establishing or enforcing child support;

38.6 or

38.7 (5) a person where use of the data directly advances the general welfare, health, or safety

38.8 of the public; the commissioner of administration information policy analysis unit may issue

38.9 advisory opinions construing this clause pursuant to section 13.072.

38.10 Sec. 37. Minnesota Statutes 2016, section 13D.06, subdivision 4, is amended to read:

38.11 Subd. 4. Costs; attorney fees; requirements; limits. (a) In addition to other remedies,

38.12 the court may award reasonable costs, disbursements, and reasonable attorney fees of up to

38.13 $13,000 to any party in an action under this chapter.

38.14 (b) The court may award costs and attorney fees to a defendant only if the court finds

38.15 that the action under this chapter was frivolous and without merit.

38.16 (c) A public body may pay any costs, disbursements, or attorney fees incurred by or

38.17 awarded against any of its members in an action under this chapter.

38.18 (d) No monetary penalties or attorney fees may be awarded against a member of a public

38.19 body unless the court finds that there was an intent to violate this chapter.

38.20 (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has

38.21 brought an action under this section if the public body that is the defendant in the action

38.22 was also the subject of a prior written advisory opinion issued under section 13.072 or a

38.23 prior decision of the Office of Administrative Hearings issued under section 13.085, and

38.24 the court finds that the opinion or decision is directly related to the cause of action being

38.25 litigated and that the public body did not act in conformity with the opinion or decision.

38.26 The court shall give deference to the opinion or decision in a proceeding brought under this

38.27 section.

38.28 Sec. 38. Minnesota Statutes 2017 Supplement, section 15A.0815, subdivision 3, is amended

38.29 to read:

38.30 Subd. 3. Group II salary limits. The salary for a position listed in this subdivision shall

38.31 not exceed 120 percent of the salary of the governor. This limit must be adjusted annually



39.1 on January 1. The new limit must equal the limit for the prior year increased by the percentage

39.2 increase, if any, in the Consumer Price Index for all urban consumers from October of the

39.3 second prior year to October of the immediately prior year. The commissioner of management

39.4 and budget must publish the limit on the department's Web site. This subdivision applies

39.5 to the following positions:

39.6 Executive director of Gambling Control Board;

39.7 Commissioner of Iron Range resources and rehabilitation;

39.8 Commissioner, Bureau of Mediation Services;

39.9 Ombudsman for Mental Health and Developmental Disabilities;

39.10 Chair, Metropolitan Council;

39.11 School trust lands director;

39.12 Executive director of pari-mutuel racing; and

39.13 Commissioner, Public Utilities Commission.


39.15 Sec. 39. Minnesota Statutes 2016, section 16A.013, is amended by adding a subdivision

39.16 to read:

39.17 Subd. 1a. Opportunity to make gifts via Web site. The commissioner of management

39.18 and budget must maintain a secure Web site which permits any person to make a gift of

39.19 money electronically for any purpose authorized by subdivision 1. Gifts made using the

39.20 Web site are subject to all other requirements of this section, sections 16A.014 to 16A.016,

39.21 and any other applicable law governing the receipt of gifts by the state and the purposes for

39.22 which a gift may be used. The Web site must include historical data on the total amount of

39.23 gifts received using the site, itemized by month.


39.25 Subdivision 1. When. The governor shall submit a three-part budget to the legislature.

39.26 Parts one and two, the budget message and detailed operating budget, must be submitted

39.27 by the fourth Tuesday in January in each odd-numbered year. However, in a year following

39.28 the election of a governor who had not been governor the previous year, parts one and two

39.29 must be submitted by the third Tuesday in February. Part three, the detailed recommendations

39.30 as to capital expenditure, must be submitted as follows: agency capital budget requests by

39.31 July 15 of each odd-numbered year, and governor's recommendations by January 15 of each



40.1 even-numbered year. Detailed recommendations as to information technology expenditure

40.2 must be submitted as part of the detailed operating budget. Information technology

40.3 recommendations must include projects to be funded during the next biennium and planning

40.4 estimates for an additional two bienniums. Information technology recommendations must

40.5 specify purposes of the funding such as infrastructure, hardware, software, or training.

40.6 Sec. 41. Minnesota Statutes 2016, section 16A.11, is amended by adding a subdivision to

40.7 read:

40.8 Subd. 6a. Information technology and cyber security. (a) Detailed recommendations

40.9 as to information and telecommunications technology systems and services expenditures

40.10 must be submitted as part of the detailed operating budget. These recommendations must

40.11 include projects to be funded during the next biennium and planning estimates for an

40.12 additional two bienniums, and must specify purposes of the funding, such as infrastructure,

40.13 hardware, software, or training. The detailed operating budget must also separately

40.14 recommend expenditures for the maintenance and enhancement of cyber security for the

40.15 state's information and telecommunications technology systems and services.

40.16 (b) The commissioner of management and budget, in consultation with the state chief

40.17 information officer, shall establish budget guidelines for the recommendations required by

40.18 this subdivision. Unless otherwise set by the commissioner at a higher amount, the amount

40.19 to be budgeted each fiscal year for maintenance and enhancement of cyber security must

40.20 be at least 3.5 percent of a department's or agency's total operating budget for information

40.21 and telecommunications technology systems and services in that year.

40.22 (c) As used in this subdivision:

40.23 (1) "information and telecommunications technology systems and services" has the

40.24 meaning given in section 16E.03, subdivision 1, paragraph (a); and

40.25 (2) "cyber security" has the meaning given in section 16E.03, subdivision 1, paragraph

40.26 (d).

40.27 Sec. 42. Minnesota Statutes 2016, section 16D.09, is amended to read:

40.28 16D.09 UNCOLLECTIBLE DEBTS.

40.29 Subdivision 1. Generally. (a) When a debt is determined by a state agency to be

40.30 uncollectible, the debt may be written off by the state agency from the state agency's financial

40.31 accounting records and no longer recognized as an account receivable for financial reporting

40.32 purposes. A debt is considered to be uncollectible when (1) all reasonable collection efforts



41.1 have been exhausted, (2) the cost of further collection action will exceed the amount

41.2 recoverable, (3) the debt is legally without merit or cannot be substantiated by evidence,

41.3 (4) the debtor cannot be located, (5) the available assets or income, current or anticipated,

41.4 that may be available for payment of the debt are insufficient, (6) the debt has been

41.5 discharged in bankruptcy, (7) the applicable statute of limitations for collection of the debt

41.6 has expired, or (8) it is not in the public interest to pursue collection of the debt.

41.7 (b) The determination of the uncollectibility of a debt must be reported by the state

41.8 agency along with the basis for that decision as part of its quarterly reports to the

41.9 commissioner of management and budget. If a state agency's quarterly report includes an

41.10 uncollectible debt that exceeds $10,000, a copy of the report must be submitted to the chairs

41.11 and ranking minority members of the legislative committees with jurisdiction over the state

41.12 agency's budget at the same time the report is delivered to the commissioner of management

41.13 and budget. Determining that the debt is uncollectible does not cancel the legal obligation

41.14 of the debtor to pay the debt.

41.15 Sec. 43. Minnesota Statutes 2016, section 16E.016, is amended to read:

41.16 16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES

41.17 AND EQUIPMENT.

41.18 (a) The chief information officer is responsible for providing or entering into managed

41.19 services contracts for the provision, improvement, and development of the following

41.20 information technology systems and services to state agencies:

41.21 (1) state data centers;

41.22 (2) mainframes including system software;

41.23 (3) servers including system software;

41.24 (4) desktops including system software;

41.25 (5) laptop computers including system software;

41.26 (6) a data network including system software;

41.27 (7) database, electronic mail, office systems, reporting, and other standard software

41.28 tools;

41.29 (8) business application software and related technical support services;

41.30 (9) help desk for the components listed in clauses (1) to (8);



42.1 (10) maintenance, problem resolution, and break-fix for the components listed in clauses

42.2 (1) to (8);

42.3 (11) regular upgrades and replacement for the components listed in clauses (1) to (8);

42.4 and

42.5 (12) network-connected output devices.

42.6 (b) All state agency employees whose work primarily involves functions specified in

42.7 paragraph (a) are employees of the Office of MN.IT Services. This includes employees who

42.8 directly perform the functions in paragraph (a), as well as employees whose work primarily

42.9 involves managing, supervising, or providing administrative services or support services

42.10 to employees who directly perform these functions. The chief information officer may assign

42.11 employees of the office to perform work exclusively for another state agency.

42.12 (c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a

42.13 state agency to obtain services specified in paragraph (a) through a contract with an outside

42.14 vendor when the chief information officer and the agency head agree that a contract would

42.15 provide best value, as defined in section 16C.02, under the service-level agreement. The

42.16 chief information officer must require that agency contracts with outside vendors ensure

42.17 that systems and services are compatible with standards established by the Office of MN.IT

42.18 Services.

42.19 (d) The Minnesota State Retirement System, the Public Employees Retirement

42.20 Association, the Teachers Retirement Association, the State Board of Investment, the

42.21 Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio

42.22 Board are not state agencies for purposes of this section.

42.23 (d) Effective upon certification by the chief information officer that the information

42.24 technology systems and services provided under this section meet all professional and

42.25 technical standards necessary for the entity to perform its functions, the following are state

42.26 agencies for purposes of this section: the Campaign Finance and Public Disclosure Board,

42.27 the State Lottery, the Statewide Radio Board, the Minnesota State Retirement System, the

42.28 Public Employees Retirement Association, the Teachers Retirement Association, and the

42.29 State Board of Investment.

42.30 Sec. 44. Minnesota Statutes 2016, section 16E.03, subdivision 4, is amended to read:

42.31 Subd. 4. Evaluation procedure. The chief information officer shall establish and, as

42.32 necessary, update and modify procedures to evaluate information and communications

42.33 projects proposed by state agencies. The evaluation procedure must assess the necessity,



43.1 design and plan for development, ability to meet user requirements, accessibility, feasibility,

43.2 and flexibility of the proposed data processing device or system, its relationship to other

43.3 state or local data processing devices or systems, and its costs and benefits when considered

43.4 by itself and when compared with other options. The evaluation procedure must also include

43.5 a process for consultation with affected local units of government, if implementation of the

43.6 proposed project requires the participation of both a state agency and a local government.

43.7 EFFECTIVE DATE. This section is effective July 1, 2018, and applies to the evaluation

43.8 procedure for information and telecommunications technology projects reviewed by the

43.9 state chief information officer on or after January 1, 2019.


43.11 Subd. 7. Cyber security systems. In consultation with the attorney general and

43.12 appropriate agency heads, the chief information officer shall develop cyber security policies,

43.13 guidelines, and standards, and shall install and administer state data security systems on the

43.14 state's computer facilities consistent with these policies, guidelines, standards, and state law

43.15 to ensure the integrity of computer-based and other data and to ensure applicable limitations

43.16 on access to data, consistent with the public's right to know as defined in chapter 13. The

43.17 chief information officer is responsible for overall security of state agency networks

43.18 connected to the Internet. Each department or agency head is responsible for the security

43.19 of the department's or agency's data within the guidelines of established enterprise policy.

43.20 Unless otherwise expressly provided by law, at least 3.5 percent of each department's or

43.21 agency's expenditures in a fiscal year for information and telecommunications technology

43.22 systems and services must be directed to the maintenance and enhancement of cyber security.

43.23 EFFECTIVE DATE. This section is effective July 1, 2018, and applies to expenditures

43.24 in fiscal years beginning on or after that date.

43.25 Sec. 46. Minnesota Statutes 2016, section 16E.03, is amended by adding a subdivision to

43.26 read:

43.27 Subd. 11. Systems impacting local government. An information and telecommunications

43.28 technology project that includes the participation of both a state agency and a local unit of

43.29 government may not be approved for full release or deployment until the project has been

43.30 field tested by at least one local unit of government, and the results of the field test

43.31 successfully demonstrate the integrity, security, and quality of the technology, and that the

43.32 functionality and usability of the overall project meet the expectations described in the

43.33 project's proposal. Standards for field testing that meet the requirements of this subdivision



44.1 must be incorporated into the project's development plan before it may be approved by the

44.2 chief information officer under subdivision 3.

44.3 EFFECTIVE DATE. This section is effective July 1, 2018, and applies to information

44.4 and telecommunications technology projects approved by the state chief information officer

44.5 on or after that date.

44.6 Sec. 47. [43A.035] USE OF AGENCY SAVINGS FROM VACANT POSITIONS.

44.7 (a) To the extent that an executive branch agency accrues savings in personnel costs

44.8 resulting from the departure of an agency employee or the maintenance of a vacant position,

44.9 those savings may only be used to support a new employee in that position at an equal or

44.10 lesser rate of compensation, and for an equal or lesser full-time equivalent work status.

44.11 Savings accrued from departed personnel or maintenance of a vacant position may not be

44.12 transferred or reallocated to another program or activity within the executive branch agency,

44.13 or used to increase the number of full-time equivalent employees at the agency, unless

44.14 expressly authorized by law.

44.15 (b) For purposes of this section, an "executive branch agency" does not include the

44.16 Minnesota State Colleges and Universities or statewide pension plans.

44.17 Sec. 48. [43A.385] HARASSMENT, MISCONDUCT, AND DISCRIMINATION;

44.18 INDEPENDENT OFFICE ESTABLISHED.

44.19 Subdivision 1. Office established; purpose. An independent, centralized office to

44.20 receive and investigate complaints of harassment, misconduct, and discrimination, including

44.21 sexual harassment, in executive branch state agencies is established. The office shall be led

44.22 by a director, appointed by the commissioner of management and budget, who serves in

44.23 the unclassified service. The purpose of the office is to apply consistent practices in the

44.24 investigation of these complaints across agencies and reinforce a culture that encourages

44.25 the reporting of such complaints by increasing confidence in the process and the fairness

44.26 of the outcome.

44.27 Subd. 2. Office duties. (a) In addition to the requirements of subdivisions 3 to 7, the

44.28 office must:

44.29 (1) collect, maintain, and analyze data related to complaints of harassment, misconduct,

44.30 and discrimination across state government and must provide public, de-identified summary

44.31 reports on the data;



45.1 (2) provide an opportunity for state employees, and members of the public who interact

45.2 with state employees, to report a complaint, provided that the office's complaint procedures

45.3 must be in addition to existing opportunities for reporting available through other means;

45.4 (3) review complaints filed, and provide related investigation services, to all state

45.5 agencies;

45.6 (4) in the event the office determines that a complaint is substantiated, determine an

45.7 appropriate corrective action in response, in consultation with the agency employing the

45.8 person found to have engaged in improper conduct;

45.9 (5) track the outcomes of disciplinary or other corrective action, and advise agencies as

45.10 needed to ensure consistency in these actions; and

45.11 (6) employ trained staff to provide resources and information to all parties to a complaint.

45.12 (b) State agencies must provide applicable data to the office as required by this section,

45.13 and must otherwise assist the office in fulfilling its responsibilities, as requested by the

45.14 director.

45.15 Subd. 3. State employee community survey. The office must administer an employee

45.16 community survey to gain feedback on the workplace in state agencies. Results of the survey

45.17 must be used to review the effectiveness of existing agency leadership efforts, and the

45.18 application of existing policies and procedures within each agency. The survey must be

45.19 intended to solicit feedback from employees on:

45.20 (1) whether they feel safe in their workplaces;

45.21 (2) whether they are knowledgeable about the process for reporting complaints of

45.22 harassment, misconduct, or discrimination;

45.23 (3) their level of satisfaction with reporting a complaint, if applicable; and

45.24 (4) suggestions for ways their employing agency can provide additional support to

45.25 employees who have made a complaint.

45.26 Subd. 4. Complaint hotline. The office may enter a contract for the development and

45.27 maintenance of a hotline that may be used by state employees to report a complaint of

45.28 harassment, misconduct, or discrimination.

45.29 Subd. 5. Audits. The office must conduct audits, to ensure state agencies have effective

45.30 and consistent policies and procedures to prevent and correct harassment, misconduct, and

45.31 discrimination. The audits must include an evaluation of outcomes related to complaints of

45.32 harassment based on a status protected under chapter 363A. The office must provide technical



46.1 guidance and otherwise assist agencies in making corrections in response to an audit's

46.2 findings, and in ensuring consistency in the handling of complaints.

46.3 Subd. 6. Training. The office must provide a centralized, consistent, regular training

46.4 program for all state agencies designed to increase the knowledge of state employees in the

46.5 state's harassment, misconduct, and discrimination prevention policies, procedures, and

46.6 resources, and to create a culture of prevention and support for victims. The content of the

46.7 program must include bystander training, retaliation prevention training, and respect in the

46.8 workplace training. Customized training programs must be offered for: (1) general state

46.9 employees; (2) supervisors and managers; and (3) agency affirmative action and human

46.10 resources employees.

46.11 Subd. 7. Annual legislative report required. No later than January 15, 2019, and

46.12 annually thereafter, the office must provide a written report to the chairs and ranking minority

46.13 members of the legislative committees with jurisdiction over state government finance and

46.14 state government operations on the work of the office. The report must include detail on

46.15 disciplinary and other corrective actions taken by state agencies in response to a substantiated

46.16 complaint. The report must not identify a party to a complaint, unless the identity is public

46.17 under applicable law.

46.18 Subd. 8. Transfer of responsibilities to office. To the extent that a responsibility

46.19 described in subdivisions 1 to 7 conflicts with or duplicates the responsibilities of an existing

46.20 office or department within a state agency, those responsibilities are transferred to the

46.21 centralized office established by this section, consistent with the requirements of section

46.22 15.039. The commissioner of administration may, with the approval of the governor, issue

46.23 reorganization orders under section 16B.37 as necessary to complete the transfer of duties

46.24 required by this subdivision.


46.26 Subd. 8. Manager. A "manager" is any person who is a cosmetologist, esthetician,

46.27 advanced practice esthetician, or nail technician practitioner, or eyelash technician

46.28 practitioner, and who has a manager license and provides any services under that license,

46.29 as defined in subdivision 3.

46.30 Sec. 50. Minnesota Statutes 2016, section 155A.25, subdivision 1a, is amended to read:

46.31 Subd. 1a. Schedule. (a) The schedule for fees and penalties is as provided in this

46.32 subdivision.



47.1 (b) Three-year license fees are as follows:

47.2 (1) $195 initial practitioner, manager, or instructor license, divided as follows:

47.3 (i) $155 for each initial license; and

47.4 (ii) $40 for each initial license application fee;

47.5 (2) $115 renewal of practitioner license, divided as follows:

47.6 (i) $100 for each renewal license; and

47.7 (ii) $15 for each renewal application fee;

47.8 (3) $145 renewal of manager or instructor license, divided as follows:

47.9 (i) $130 for each renewal license; and


47.11 (4) $350 initial salon license, divided as follows:

47.12 (i) $250 for each initial license; and

47.13 (ii) $100 for each initial license application fee;

47.14 (5) $225 renewal of salon license, divided as follows:

47.15 (i) $175 for each renewal; and


47.17 (6) $4,000 initial school license, divided as follows:

47.18 (i) $3,000 for each initial license; and

47.19 (ii) $1,000 for each initial license application fee; and

47.20 (7) $2,500 renewal of school license, divided as follows:

47.21 (i) $2,000 for each renewal; and

47.22 (ii) $500 for each renewal application fee.

47.23 (c) Penalties may be assessed in amounts up to the following:

47.24 (1) reinspection fee, $150;

47.25 (2) manager and owner with expired practitioner found on inspection, $150 each;

47.26 (3) expired practitioner or instructor found on inspection, $200;

47.27 (4) expired salon found on inspection, $500;



48.1 (5) expired school found on inspection, $1,000;

48.2 (6) failure to display current license, $100;

48.3 (7) failure to dispose of single-use equipment, implements, or materials as provided

48.4 under section 155A.355, subdivision 1, $500;

48.5 (8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,

48.6 subdivision 2, $500;

48.7 (9) performing nail or cosmetology services in esthetician salon, or performing esthetician

48.8 or cosmetology services in a nail salon, $500;

48.9 (10) owner and manager allowing an operator to work as an independent contractor,

48.10 $200;

48.11 (11) operator working as an independent contractor, $100;

48.12 (12) refusal or failure to cooperate with an inspection, $500;

48.13 (13) practitioner late renewal fee, $45; and

48.14 (14) salon or school late renewal fee, $50.

48.15 (d) Administrative fees are as follows:

48.16 (1) homebound service permit, $50 three-year fee;

48.17 (2) name change, $20;

48.18 (3) certification of licensure, $30 each;

48.19 (4) duplicate license, $20;

48.20 (5) special event permit, $75 per year;

48.21 (6) registration of hair braiders, $20 per year;

48.22 (7) (6) $100 for each temporary military license for a cosmetologist, nail technician,

48.23 esthetician, or advanced practice esthetician one-year fee;

48.24 (8) (7) expedited initial individual license, $150;

48.25 (9) (8) expedited initial salon license, $300;

48.26 (10) (9) instructor continuing education provider approval, $150 each year; and

48.27 (11) (10) practitioner continuing education provider approval, $150 each year.




49.2 to read:

49.3 Subd. 5. Hair braiders exempt. The practice of hair braiding is exempt from the

49.4 requirements of this chapter.


49.6 Subdivision 1. Licensing. A person must not offer cosmetology services for compensation

49.7 unless the services are provided by a licensee in a licensed salon or as otherwise provided

49.8 in this section. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician

49.9 salon, or advanced practice esthetician salon, or eyelash extension salon. A salon may hold

49.10 more than one type of salon license.


49.12 Subd. 6. Exemption. The facility in which a person provides threading or eyelash

49.13 extension services and no other services requiring licensure by this chapter is exempt from

49.14 the requirement for a salon license under this section.


49.16 read:

49.17 Subd. 18a. Racing or gaming-related vendor. "Racing or gaming-related vendor"

49.18 means any person or entity that manufactures, sells, provides, distributes, repairs, or maintains

49.19 equipment or supplies used at a Class A facility or provides services to a Class A facility

49.20 or Class B license holder that are directly related to the running of a horse race, simulcasting,

49.21 pari-mutuel betting, or card playing.


49.23 Subd. 6. Annual report. The commission shall on February 15 of each odd-numbered

49.24 year submit a report to the governor and legislature on its activities, organizational structure,

49.25 receipts and disbursements, and recommendations for changes in the laws relating to racing

49.26 and pari-mutuel betting.


49.28 Subd. 5. Revocation and suspension. (a) The commission may revoke a class C license

49.29 for a violation of law or rule which in the commission's opinion adversely affects the integrity



50.1 of horse racing in Minnesota, the public health, welfare, or safety, or for an intentional false

50.2 statement made in a license application.

50.3 The commission may suspend a class C license for up to one year for a violation of law,

50.4 order or rule.

50.5 The commission may delegate to its designated agents the authority to impose suspensions

50.6 of class C licenses, and the revocation or suspension of a class C license may be appealed

50.7 to the commission according to its rules.

50.8 (b) A license revocation or suspension If the commission revokes or suspends a license

50.9 for more than 90 180 days is, in lieu of appealing to the commission under paragraph (a),

50.10 the license holder has the right to request a contested case hearing under sections 14.57 to

50.11 14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed

50.12 for a violation of law or rule. chapter 14. The request must be made in writing to the

50.13 commission by certified mail or personal service. A request sent by certified mail must be

50.14 postmarked within ten days after the license holder receives the revocation or suspension

50.15 order from the commission. A request sent by personal service must be received by the

50.16 commission within ten days after the license holder receives the revocation or suspension

50.17 order from the commission. The commission may summarily suspend a license for more

50.18 than up to 90 days prior to a contested case hearing where it is necessary to ensure the

50.19 integrity of racing or to protect the public health, welfare, or safety. The license holder may

50.20 appeal a summary suspension by making a written request to the commission within five

50.21 calendar days after the license holder receives notice of the summary suspension. A contested

50.22 case hearing must be held within 30 ten days of the commission's receipt of the request for

50.23 appeal of a summary suspension and the administrative law judge's report must be issued

50.24 within 30 days from the close of the hearing record. In all cases involving summary

50.25 suspension the commission must issue its final decision within 30 days from receipt of the

50.26 report of the administrative law judge and subsequent exceptions and argument under section

50.27 14.61. to determine whether the license should remain suspended pending a final disciplinary

50.28 action.


50.30 Subd. 7. Payments to state. (a) A regulatory fee is imposed at the rate of one percent

50.31 of all amounts wagered by Minnesota residents with an authorized advance deposit wagering

50.32 provider. The fee shall be declared on a form prescribed by the commission. The ADW

50.33 provider must pay the fee to the commission no more than seven 15 days after the end of

50.34 the month in which the wager was made. Fees collected under this paragraph must be



51.1 deposited in the state treasury and credited to a racing and card-playing regulation account

51.2 in the special revenue fund and are appropriated to the commission to offset the costs

51.3 associated with regulating horse racing and pari-mutuel wagering in Minnesota.

51.4 (b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all

51.5 amounts wagered by Minnesota residents with an authorized advance deposit wagering

51.6 provider. The fee shall be declared on a form prescribed by the commission. The ADW

51.7 provider must pay the fee to the commission no more than seven 15 days after the end of

51.8 the month in which the wager was made. Fees collected under this paragraph must be

51.9 deposited in the state treasury and credited to a racing and card-playing regulation account

51.10 in the special revenue fund and are appropriated to the commission to offset the cost of

51.11 administering the breeders fund and promote horse breeding in Minnesota.


51.13 240.22 FINES.

51.14 (a) The commission shall by rule establish a schedule of civil fines for violations of laws

51.15 related to horse racing or of the commission's rules. The schedule must be based on and

51.16 reflect the culpability, frequency and severity of the violator's actions. The commission may

51.17 impose a fine from this schedule on a licensee for a violation of those rules or laws relating

51.18 to horse racing. The fine is in addition to any criminal penalty imposed for the same violation.

51.19 Fines imposed by the commission must be paid to the commission and except as provided

51.20 in paragraph (c), forwarded to the commissioner of management and budget for deposit in

51.21 the state treasury and credited to a racing and card-playing regulation account in the special

51.22 revenue fund and appropriated to the commission to distribute in the form of grants, contracts,

51.23 or expenditures to support racehorse adoption, retirement, and repurposing.

51.24 (b) If the commission issues a fine in excess of $5,000, the license holder has the right

51.25 to request a contested case hearing under chapter 14, to be held as set forth in Minnesota

51.26 Rules, chapter 1400. The appeal of a fine must be made in writing to the commission by

51.27 certified mail or personal service. An appeal sent by certified mail must be postmarked

51.28 within ten days after the license holder receives the fine order from the commission. An

51.29 appeal sent by personal service must be received by the commission within ten days after

51.30 the license holder receives the fine order from the commission.

51.31 (c) If the commission is the prevailing party in a contested case proceeding, the

51.32 commission may recover, from amounts to be forwarded under paragraph (a), reasonable

51.33 attorney fees and costs associated with the contested case.



52.1 Sec. 59. Minnesota Statutes 2016, section 270C.13, subdivision 1, is amended to read:

52.2 Subdivision 1. Biennial report. The commissioner shall report to the legislature by

52.3 March 1 of each odd-numbered year on the overall incidence of the income tax, sales and

52.4 excise taxes, and property tax. The report shall present information on the distribution of

52.5 the tax burden as follows: (1) for the overall income distribution, using a systemwide

52.6 incidence measure such as the Suits index or other appropriate measures of equality and

52.7 inequality; (2) by income classes, including at a minimum deciles of the income distribution;

52.8 and (3) by other appropriate taxpayer characteristics. The report must also include information

52.9 on the distribution of the burden of federal taxes borne by Minnesota residents.


52.11 to read:

52.12 Subd. 12a. Wine transfers. Notwithstanding the provisions of subdivision 12, the holder

52.13 of an off-sale retail intoxicating liquor license may transfer wine from one licensed premises

52.14 to another provided that:

52.15 (1) the license for the transferring and receiving premises are held by the same licensee;

52.16 and

52.17 (2) only one transfer is made from a licensed premises in a three-month period.

52.18 EFFECTIVE DATE. This section is effective the day following final enactment.


52.20 Subd. 11. Cancellation, suspension, and refusal to renew contracts or locations. (a)

52.21 The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from

52.22 selling lottery tickets at a business location who:

52.23 (1) has been convicted of a felony or gross misdemeanor;

52.24 (2) has committed fraud, misrepresentation, or deceit;

52.25 (3) has provided false or misleading information to the lottery; or

52.26 (4) has acted in a manner prejudicial to public confidence in the integrity of the lottery.

52.27 (b) The director may cancel, suspend, or refuse to renew the contract of any lottery

52.28 retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:

52.29 (1) changes business location;

52.30 (2) fails to account for lottery tickets received or the proceeds from tickets sold;



53.1 (3) fails to remit funds to the director in accordance with the director's rules;

53.2 (4) violates a law or a rule or order of the director;

53.3 (5) fails to comply with any of the terms in the lottery retailer's contract;

53.4 (6) fails to file a bond, securities, or a letter of credit as required under subdivision 3;

53.5 (7) in the opinion of the director fails to maintain a sufficient sales volume to justify

53.6 continuation as a lottery retailer; or

53.7 (8) has violated section 340A.503, subdivision 2, clause (1), two or more times within

53.8 a two-year period; or

53.9 (9) has violated the rules adopted pursuant to subdivision 6, clause (1), requiring a lottery

53.10 retailer to retain appropriate amounts from gross receipts from the sale of lottery tickets in

53.11 order to pay prizes to holders of winning tickets, three or more times within a one-year

53.12 period.

53.13 (c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract

53.14 or prohibit a lottery retailer from selling lottery tickets at a business location if there is a

53.15 material change in any of the factors considered by the director under subdivision 2.

53.16 (d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer

53.17 from selling lottery tickets at a business location under this subdivision is a contested case

53.18 under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a

53.19 violation of law or rule.

53.20 (e) The director may temporarily suspend a contract or temporarily prohibit a lottery

53.21 retailer from selling lottery tickets at a business location without notice for any of the reasons

53.22 specified in this subdivision provided that a hearing is conducted within seven days after a

53.23 request for a hearing is made by a lottery retailer. Within 20 days after receiving the

53.24 administrative law judge's report, the director shall issue an order vacating the temporary

53.25 suspension or prohibition or making any other appropriate order. If no hearing is requested

53.26 within 30 days of the temporary suspension or prohibition taking effect, the suspension or

53.27 prohibition becomes permanent unless the director vacates or modifies the order.

53.28 (f) A lottery retailer whose contract was solely canceled, suspended, or not renewed

53.29 pursuant to paragraph (b), clause (9), may petition the director to reinstate a canceled or

53.30 suspended contract, or enter into a new contract, after two years have passed since the order

53.31 took effect.



54.1 Sec. 62. Minnesota Statutes 2016, section 424B.20, subdivision 4, is amended to read:

54.2 Subd. 4. Benefit trust fund establishment. (a) After the settlement of nonbenefit legal

54.3 obligations of the special fund of the volunteer firefighters relief association under subdivision

54.4 3, the board of the relief association shall transfer the remaining assets of the special fund,

54.5 as securities or in cash, as applicable, to the chief financial official of the municipality in

54.6 which the associated fire department was located if the fire department was a municipal fire

54.7 department or to the chief financial official of the municipality with the largest population

54.8 served by the fire department if the fire department was an independent nonprofit firefighting

54.9 corporation. The board shall also compile a schedule of the relief association members to

54.10 whom a service pension is or will be owed, any beneficiary to whom a benefit is owed, the

54.11 amount of the service pension or benefit payable based on the applicable bylaws and state

54.12 law and the service rendered to the date of the dissolution, and the date on which the pension

54.13 or benefit would first be payable under the bylaws of the relief association and state law.

54.14 (b) The municipality in which is located a volunteer firefighters relief association that

54.15 is dissolving under this section shall establish a separate account in the municipal treasury

54.16 which must function as a trust fund for members of the volunteer firefighters relief association

54.17 and their beneficiaries to whom the volunteer firefighters relief association owes a service

54.18 pension or other benefit under the bylaws of the relief association and state law. Upon proper

54.19 application, on or after the initial date on which the service pension or benefit is payable,

54.20 the municipal treasurer shall pay the pension or benefit due, based on the schedule prepared

54.21 under paragraph (a) and the other records of the dissolved relief association. The trust fund

54.22 under this section must be invested and managed consistent with chapter 356A and section

54.23 424A.095. Upon payment of the last service pension or benefit due and owing, any remaining

54.24 assets in the trust fund cancel to the general fund of the municipality. Funds that cancel to

54.25 the municipality under this paragraph on or after July 1, 2018, and before July 1, 2028, must

54.26 be distributed, on a proportional basis, to all living persons previously provided a benefit

54.27 as members of the dissolved relief association, and may not be used for any other purpose.

54.28 If the special fund of the volunteer firefighters relief association had an unfunded actuarial

54.29 accrued liability upon dissolution, the municipality is liable for that unfunded actuarial

54.30 accrued liability.


54.32 Subdivision 1. Creation; membership. (a) A Metropolitan Council with jurisdiction

54.33 in the metropolitan area is established as a public corporation and political subdivision of



55.1 the state. It shall be under the supervision and control of 17 28 members, all of whom shall

55.2 be residents of the metropolitan area. and who shall be appointed as follows:

55.3 (1) a county commissioner from each of Anoka, Carver, Dakota, Ramsey, Scott, and

55.4 Washington Counties, appointed by the respective county boards;

55.5 (2) two county commissioners from Hennepin County appointed by the county board,

55.6 one of whom must represent a ward that is predominantly located within the city of

55.7 Minneapolis, and one of whom must represent a ward that does not include the city of

55.8 Minneapolis;

55.9 (3) a local elected official appointed from each Metropolitan Council district by the

55.10 municipal committee for the council district established in subdivision 2b;

55.11 (4) the commissioner of transportation or the commissioner's designee;

55.12 (5) one person to represent nonmotorized transportation, appointed by the commissioner

55.13 of transportation;

55.14 (6) one person to represent freight transportation, appointed by the commissioner of

55.15 transportation; and

55.16 (7) one person to represent public transit, appointed by the commissioner of

55.17 transportation.

55.18 (b) The local elected offices identified in paragraph (a) are compatible with the office

55.19 of a Metropolitan Council member.

55.20 (c) Notwithstanding any change to the definition of metropolitan area in section 473.121,

55.21 subdivision 2, the jurisdiction of the Metropolitan Council is limited to the seven-county

55.22 metropolitan area.

55.23 Sec. 64. Minnesota Statutes 2016, section 473.123, subdivision 2a, is amended to read:

55.24 Subd. 2a. Terms. (a) Following each apportionment of council districts, as provided

55.25 under subdivision 3a, council members must be appointed from newly drawn districts as

55.26 provided in subdivision 3a. Each council member, other than the chair, must reside in the

55.27 council district represented. Each council district must be represented by one member of

55.28 the council. The terms of members end with the term of the governor, except that all terms

55.29 expire on the effective date of the next apportionment. A member serves at the pleasure of

55.30 the governor. the municipal committee for each council district shall appoint a local elected

55.31 official who resides in the district to serve on the Metropolitan Council for a four-year term.

55.32 The terms of members appointed by municipal committees are staggered as follows: members



56.1 representing an odd-numbered district have terms ending the first Monday in January of

56.2 the year ending in the numeral "1" and members representing an even-numbered district

56.3 have terms ending the first Monday in January in the year ending in the numeral "3."

56.4 Thereafter, the term of each member is four years, with terms ending the first Monday in

56.5 January, except that all terms expire on the effective date of the next apportionment. A

56.6 member's position on the Metropolitan Council becomes vacant if the member ceases to be

56.7 a local elected official or as provided in chapter 351, and any vacancy must be filled as soon

56.8 as practicable for the unexpired term in the same manner as the initial appointment. A

56.9 member shall continue to serve the member's district until a successor is appointed and

56.10 qualified; except that, following each apportionment, the member shall continue to serve

56.11 at large until the governor appoints 16 council members, one municipal committee for the

56.12 council district appoints a member from each of the newly drawn council districts district

56.13 as provided under subdivision 3a, to serve terms as provided under this section. The

56.14 appointment to the council must be made by the first Monday in March of the year in which

56.15 the term ends.

56.16 (b) The terms of members appointed by county boards are staggered as follows: members

56.17 representing the counties of Anoka, Dakota, Ramsey, and Scott have terms ending the first

56.18 Monday in January of the year ending in the numeral "1," and members representing the

56.19 counties of Carver, Hennepin, and Washington have terms ending the first Monday in

56.20 January of the year ending in the numeral "3." Thereafter, the term for each member is four

56.21 years. A member's position on the Metropolitan Council becomes vacant if the member

56.22 ceases to be a local elected official or as provided in chapter 351, and any vacancy must be

56.23 filled as soon as practicable for the unexpired term in the same manner as the initial

56.24 appointment.

56.25 (c) An individual appointed by the commissioner of transportation under subdivision 1

56.26 serves at the pleasure of the appointing authority.

56.27 Sec. 65. Minnesota Statutes 2016, section 473.123, is amended by adding a subdivision

56.28 to read:

56.29 Subd. 2b. Municipal committee in each council district. The governing body of each

56.30 home rule charter or statutory city and town in each Metropolitan Council district shall

56.31 appoint a member to serve on a municipal committee for the council district. If a city or

56.32 town is in more than one council district, the governing body must appoint a member to

56.33 serve on each council district's municipal committee. A member appointed to a council

56.34 district's municipal committee must reside in the council district. The municipal committee



57.1 must meet at least quarterly to discuss issues relating to the Metropolitan Council. Municipal

57.2 committee meetings are subject to the Minnesota Open Meeting Law, chapter 13D.


57.4 Subd. 3a. Redistricting. The legislature shall redraw the boundaries of the council

57.5 districts after each decennial federal census so that each district has substantially equal

57.6 population. Redistricting is effective in the year ending in the numeral "3." Within 60 days

57.7 after a redistricting plan takes effect, the governor municipal committees shall appoint

57.8 members from the newly drawn districts to serve terms as provided under subdivision 2a.


57.10 Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a) The

57.11 chair of the Metropolitan Council shall be appointed selected by the governor as the 17th

57.12 voting member thereof by and with the advice and consent of the senate to serve at the

57.13 pleasure of the governor to represent the metropolitan area at large. Senate confirmation

57.14 shall be as provided by section 15.066 and from among the members of the Metropolitan

57.15 Council. The chair shall serve at the pleasure of the council. In addition to any compensation

57.16 as a local elected official, the council shall pay the chair $40,000 per year plus reimbursement

57.17 of actual and necessary expenses as approved by the council.

57.18 The chair of the Metropolitan Council shall, if present, preside at meetings of the council,

57.19 have the primary responsibility for meeting with local elected officials, serve as the principal

57.20 legislative liaison, present to the governor and the legislature, after council approval, the

57.21 council's plans for regional governance and operations, serve as the principal spokesperson

57.22 of the council, and perform other duties assigned by the council or by law.

57.23 (b) The Metropolitan Council shall elect other officers as it deems necessary for the

57.24 conduct of its affairs for a one-year term. A secretary and treasurer need not be members

57.25 of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan

57.26 Council and special meetings may be called by a majority of the members of the Metropolitan

57.27 Council or by the chair. The chair and In addition to any compensation as a local elected

57.28 official, each Metropolitan Council member shall be reimbursed for actual and necessary

57.29 expenses as approved by the council.

57.30 (c) Each member of the council shall attend and participate in council meetings and meet

57.31 regularly with local elected officials and legislative members from the council member's

57.32 district. Each council member shall serve on at least one division committee for

57.33 transportation, environment, or community development.



58.1 (d) In the performance of its duties the Metropolitan Council may adopt policies and

58.2 procedures governing its operation, establish committees, and, when specifically authorized

58.3 by law, make appointments to other governmental agencies and districts.

58.4 Sec. 68. Minnesota Statutes 2016, section 473.123, is amended by adding a subdivision

58.5 to read:

58.6 Subd. 9. Authority to vote; quorum; votes required for action. (a) The members

58.7 appointed by the counties and municipal committees may vote on all matters before the

58.8 council. The commissioner of transportation or the commissioner's designee and the three

58.9 members appointed by the commissioner may vote only on matters in which the council is

58.10 acting as the metropolitan planning organization for the region as provided in section

58.11 473.146.

58.12 (b) A quorum is a majority of the members permitted to vote on a matter. If a quorum

58.13 is present, the council may act on a majority vote of the members present, except:

58.14 (1) if a quorum is present, the council may adopt its levy only if at least 60 percent of

58.15 the members present vote in favor of the levy; and

58.16 (2) if a quorum is present, the council may adopt a metropolitan system plan or plan

58.17 amendment only if at least 60 percent of the members present vote in favor of its adoption.

58.18 EFFECTIVE DATE; TRANSITION; APPLICATION. (a) Except as provided in

58.19 paragraph (b), this section is effective January 1, 2019, and applies in the counties of Anoka,

58.20 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Metropolitan Council members

58.21 serving on the effective date of this section shall continue to serve until members are

58.22 appointed from districts by the municipal committees as provided in this section.

58.23 (b) Subdivisions 1, paragraph (c), and 2b are effective the day following final enactment.


58.25 Subd. 3. Development guide: transportation. The transportation chapter must include

58.26 policies relating to all transportation forms and be designed to promote the legislative

58.27 determinations, policies, and goals set forth in section 473.371. In addition to the

58.28 requirements of subdivision 1 regarding the contents of the policy plan, the nontransit

58.29 element of the transportation chapter must include the following:

58.30 (1) a statement of the needs and problems of the metropolitan area with respect to the

58.31 functions covered, including the present and prospective demand for and constraints on



59.1 access to regional business concentrations and other major activity centers and the constraints

59.2 on and acceptable levels of development and vehicular trip generation at such centers;

59.3 (2) the objectives of and the policies to be forwarded by the policy plan;

59.4 (3) a general description of the physical facilities and services to be developed;

59.5 (4) a statement as to the general location of physical facilities and service areas;

59.6 (5) a general statement of timing and priorities in the development of those physical

59.7 facilities and service areas;

59.8 (6) a detailed statement, updated every two years, of timing and priorities for

59.9 improvements and expenditures needed on the metropolitan highway system;

59.10 (7) a general statement on the level of public expenditure appropriate to the facilities;

59.11 and

59.12 (8) a long-range assessment of air transportation trends and factors that may affect airport

59.13 development in the metropolitan area and policies and strategies that will ensure a

59.14 comprehensive, coordinated, and timely investigation and evaluation of alternatives for

59.15 airport development.

59.16 The council shall develop the nontransit element in consultation with the transportation

59.17 advisory board and the Metropolitan Airports Commission and cities having an airport

59.18 located within or adjacent to its corporate boundaries. The council shall also take into

59.19 consideration the airport development and operations plans and activities of the commission.

59.20 The council shall transmit the results to the state Department of Transportation.

59.21 EFFECTIVE DATE; APPLICATION. This section is effective January 1, 2019, and

59.22 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.


59.24 Subd. 4. Transportation planning. (a) The Metropolitan Council is the designated

59.25 planning agency for any long-range comprehensive transportation planning required by

59.26 section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation

59.27 Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal

59.28 transportation laws. The council shall assure administration and coordination of transportation

59.29 planning with appropriate state, regional and other agencies, counties, and municipalities.

59.30 (b) The council shall establish an advisory body consisting of citizens and representatives

59.31 of municipalities, counties, and state agencies in fulfillment of the planning responsibilities

59.32 of the council. The membership of the advisory body must consist of:



60.1 (1) the commissioner of transportation or the commissioner's designee;

60.2 (2) the commissioner of the Pollution Control Agency or the commissioner's designee;

60.3 (3) one member of the Metropolitan Airports Commission appointed by the commission;

60.4 (4) one person appointed by the council to represent nonmotorized transportation;

60.5 (5) one person appointed by the commissioner of transportation to represent the freight

60.6 transportation industry;

60.7 (6) two persons appointed by the council to represent public transit;

60.8 (7) ten elected officials of cities within the metropolitan area, including one representative

60.9 from each first-class city, appointed by the Association of Metropolitan Municipalities;

60.10 (8) one member of the county board of each county in the seven-county metropolitan

60.11 area, appointed by the respective county boards;

60.12 (9) eight citizens appointed by the council, one from each council precinct;

60.13 (10) one elected official from a city participating in the replacement service program

60.14 under section 473.388, appointed by the Suburban Transit Association; and

60.15 (11) one member of the council, appointed by the council.

60.16 (c) The council shall appoint a chair from among the members of the advisory body.

60.17 EFFECTIVE DATE; APPLICATION. This section is effective January 1, 2019, and

60.18 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

60.19 Sec. 71. Minnesota Statutes 2017 Supplement, section 477A.03, subdivision 2b, is amended

60.20 to read:

60.21 Subd. 2b. Counties. (a) For aids payable in 2018 through 2024, the total aid payable

60.22 under section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be

60.23 allocated as required under Laws 2014, chapter 150, article 4, section 6. For aids payable

60.24 in 2025 and thereafter, the total aid payable under section 477A.0124, subdivision 3, is

60.25 $100,795,000. Each calendar year, $500,000 of this appropriation shall be retained by the

60.26 commissioner of revenue to make reimbursements to the commissioner of management and

60.27 budget for payments made under section 611.27. The reimbursements shall be to defray the

60.28 additional costs associated with court-ordered counsel under section 611.27. Any retained

60.29 amounts not used for reimbursement in a year shall be included in the next distribution of

60.30 county need aid that is certified to the county auditors for the purpose of property tax

60.31 reduction for the next taxes payable year.



61.1 (b) For aids payable in 2018 and thereafter, the total aid under section 477A.0124,

61.2 subdivision 4, is $130,873,444. The commissioner of revenue shall transfer to the

61.3 commissioner of management and budget $207,000 annually for the cost of preparation of

61.4 local impact notes as required by section 3.987, and other local government activities to the

61.5 Legislative Coordinating Commission for use by the Legislative Budget Office.

61.6 The commissioner of revenue shall transfer to the commissioner of education $7,000

61.7 annually for the cost of preparation of local impact notes for school districts as required by

61.8 section 3.987. The commissioner of revenue shall deduct the amounts transferred under this

61.9 paragraph from the appropriation under this paragraph. The amounts transferred are

61.10 appropriated to the commissioner of management and budget and the commissioner of

61.11 education respectively.



61.14 read:

61.15 Subd. 13. Emergency operations and continuity of the judicial branch. The court

61.16 administrator shall assist the Supreme Court in developing an emergency operations and

61.17 continuity of government plan, as required by section 12.402.

61.18 Sec. 73. Laws 2017, First Special Session chapter 4, article 2, section 1, the effective date,

61.19 is amended to read:

61.20 EFFECTIVE DATE. This section is effective January 8, 2019 July 1, 2018.


61.22 Sec. 74. Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date,

61.23 is amended to read:

61.24 EFFECTIVE DATE. Except where otherwise provided by law, this section is effective

61.25 January 8, 2019 July 1, 2018.


61.27 Sec. 75. Laws 2017, First Special Session chapter 4, article 2, section 58, the effective

61.28 date, is amended to read:

61.29 EFFECTIVE DATE. This section is effective January 8, 2019. July 1, 2018. The

61.30 contract required under this section must be executed no later than November 1, 2018, and



62.1 must provide for transfer of operational control of the fiscal note tracking system to the

62.2 Legislative Budget Office effective December 15, 2018.


62.4 Sec. 76. TRANSFER OF DUTIES; RESULTS FIRST PROGRAM EVALUATIONS.

62.5 Responsibilities of the commissioner of management and budget to develop and

62.6 implement a return on taxpayer investment methodology using the Pew-MacArthur Results

62.7 First framework, as first authorized by Laws 2015, chapter 77, article 1, section 13, including

62.8 the advisory committee established by the commissioner to assist in implementing these

62.9 responsibilities, are transferred from the commissioner to the Legislative Budget Office

62.10 established in Minnesota Statutes, section 3.8853. Minnesota Statutes, section 15.039,

62.11 applies to the transfer of these responsibilities. The commissioner of administration may,

62.12 with the approval of the governor, issue reorganization orders under Minnesota Statutes,

62.13 section 16B.37, as necessary to complete the transfer of duties required by this section.


62.15 Sec. 77. TRANSFER OF DUTIES; DATA PRACTICES AND OPEN MEETINGS

62.16 LAW.

62.17 (a) Responsibilities of the commissioner of administration under Minnesota Statutes,

62.18 sections 13.06, 13.07, 13.072, and 13.073, and any other law providing general oversight

62.19 responsibilities related to operation of the Minnesota Government Data Practices Act and

62.20 the Minnesota Open Meeting Law, are transferred from the commissioner to the chief

62.21 administrative law judge in the Office of Administrative Hearings. Minnesota Statutes,

62.22 section 15.039, applies to the transfer of these responsibilities, except that subdivision 7

62.23 does not apply. The commissioner may, with the approval of the governor, issue

62.24 reorganization orders under Minnesota Statutes, section 16B.37, as necessary to complete

62.25 the transfer of duties consistent with the requirements of this section.

62.26 (b) Nothing in this section relieves the commissioner of administration from the duty to

62.27 comply with Minnesota Statutes, chapter 13, or any other applicable law related to data

62.28 collected, created, or maintained by the commissioner, or to comply with Minnesota Statutes,

62.29 chapter 13D, related to meetings conducted by the commissioner.



63.1 Sec. 78. ENTERPRISE SOFTWARE PROJECTS; RECODIFICATION OF

63.2 INFORMATION TECHNOLOGY STATUTES.

63.3 Subdivision 1. Enterprise software projects. (a) Except as provided in paragraph (b),

63.4 an enterprise software project must be either purchased or built through a vendor contract.

63.5 Vendors must be selected as provided by Minnesota Statutes, chapter 16C. In addition to

63.6 the requirements of that chapter, a contract required by this section must include terms that

63.7 provide:

63.8 (1) a payment schedule that is conditioned on the vendor's demonstration of satisfactory

63.9 progress toward project completion; and

63.10 (2) a requirement that, upon 30 days written notice to the vendor, the contracting agency

63.11 must terminate a contract and the vendor must refund to the agency all amounts paid to

63.12 date, if the vendor fails to demonstrate satisfactory progress towards project completion.

63.13 The contract terms must permit the contracting agency to fulfill its obligations under this

63.14 clause without penalty.

63.15 (b) Paragraph (a) does not apply to an enterprise software project if the law appropriating

63.16 money for the project expressly directs the state chief information officer to design or build

63.17 the project in-house, or otherwise contains an exemption from paragraph (a) by specific

63.18 reference to this subdivision.

63.19 Subd. 2. Recodification recommendations. (a) The state chief information officer must

63.20 recommend, in consultation with the revisor of statutes and other appropriate legislative

63.21 staff, legislation to clarify and reorganize Minnesota Statutes, chapter 16E, and any other

63.22 applicable laws that relate to state information technology services or the scope of duties

63.23 of the Office of MN.IT Services. Except for implementation of the requirements of

63.24 subdivision 1, the recommendations must not be intended to change the meaning or prior

63.25 interpretation of any law.

63.26 (b) The recommended legislation must be submitted to the chairs and ranking minority

63.27 members of the house of representatives and senate committees with jurisdiction over state

63.28 government finance no later than January 15, 2019.

63.29 EFFECTIVE DATE. This section is effective the day following final enactment. The

63.30 restrictions on enterprise software projects, as described in subdivision 1, apply to projects

63.31 newly approved for development on or after the effective date of this section.



64.1 Sec. 79. STUDY OF VALUATION METHOD OF PIPELINE OPERATING

64.2 PROPERTY.

64.3 (a) The commissioner of revenue shall study and prepare a report on the current methods

64.4 used to value pipeline operating property in the state of Minnesota. The commissioner must

64.5 enter a contract with a consultant to assist in completing the study and preparing the report.

64.6 (b) The report must:

64.7 (1) describe, in detail, prior and current methods used to value pipeline operating property

64.8 in Minnesota;

64.9 (2) evaluate whether the current methods used produce an accurate estimate of market

64.10 value;

64.11 (3) compile and explain, in detail, the number of state-assessed pipeline valuations that

64.12 have been appealed in the last 20 years, and the extent to which the market value was

64.13 increased or reduced, by agreement, settlement, or judgment;

64.14 (4) evaluate the extent to which host political subdivisions and communities are

64.15 adequately compensated under the existing Minnesota property tax system for the external

64.16 costs imposed by pipeline systems;

64.17 (5) describe, analyze, and compare the methods used to value pipeline operating property

64.18 in border states; and

64.19 (6) make recommendations and prepare legislation on improvements or alternative

64.20 valuation methods that produce a more accurate estimate of market value.

64.21 (c) The commissioner shall report the findings of the study to the committees of the

64.22 house of representatives and senate having jurisdiction over taxes by February 15, 2019,

64.23 and file the report as required by Minnesota Statutes, section 3.195.

64.24 Sec. 80. NORDIC WORLD CUP SKI CHAMPIONSHIP.

64.25 (a) Upon request of U.S. Ski and Snowboard, The Loppet Foundation, or other affiliated

64.26 organization, the Minnesota Amateur Sports Commission must support the preparation and

64.27 submission of a competitive bid to host an International Ski Federation Nordic World Cup

64.28 Ski Championship event in Minnesota. If the event is awarded, the commission must partner

64.29 with the organizing committee as an event host. Commission activities may include but are

64.30 not limited to assisting in the development of public-private partnerships to support the

64.31 event; soliciting sponsors; participating in public outreach activities; permitting the



65.1 commission's facilities to be developed and used as event venues; and providing other

65.2 administrative, technical, logistical, or financial support, within available resources.

65.3 (b) Within 30 days after a bid is submitted and, if an event is awarded to Minnesota as

65.4 a host, within 30 days after receiving notice of the award, the commission must notify the

65.5 chairs and ranking minority members of the legislative committees with jurisdiction over

65.6 the commission. The notification must describe the commission's work in support of the

65.7 event and indicate whether the commission anticipates seeking supplemental state or local

65.8 funds or other public resources to continue that work.


65.10 expires upon conclusion of a Nordic World Cup Ski Championship event hosted in

65.11 Minnesota.

65.12 Sec. 81. CERTAIN VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION

65.13 SERVICE PENSIONS.

65.14 (a) As used in this section, "qualifying volunteer firefighters relief association" means

65.15 a volunteer firefighters relief association with a funding ratio of greater than 100 percent

65.16 as of the most recent fiscal year end, and which provides a lump sum pension benefit based

65.17 on a lump sum pension amount equal to $9,500 or more, as of the effective date of this

65.18 section.

65.19 (b) Notwithstanding any provision of Minnesota Statutes, section 424A.02, subdivision

65.20 3, paragraph (d), to the contrary, the maximum lump-sum pension amount for each year of

65.21 service credited that may be provided for in the bylaws of a qualifying volunteer firefighters

65.22 relief association is the maximum service pension figure corresponding to the average

65.23 amount of available financing per active covered firefighter for the applicable specified

65.24 period:

Maximum Lump-Sum ServicePension Amount Payable for Each

65.27 Year of Service

65.25 Minimum Average Amount of Available Financing65.26 per Firefighter

$ 1065.28 $ ...

2065.29 11

3065.30 16

4065.31 23

5065.32 27

6065.33 32

8065.34 43

10065.35 54



12066.1 65

14066.2 77

16066.3 86

18066.4 97

20066.5 108

24066.6 131

28066.7 151

32066.8 173

36066.9 194

40066.10 216

44066.11 239

48066.12 259

52066.13 281

56066.14 302

60066.15 324

64066.16 347

68066.17 367

72066.18 389

76066.19 410

80066.20 432

90066.21 486

100066.22 540

110066.23 594

120066.24 648

130066.25 702

140066.26 756

150066.27 810

160066.28 864

170066.29 918

180066.30 972

190066.31 1026

200066.32 1080

210066.33 1134

220066.34 1188

230066.35 1242

240066.36 1296

250066.37 1350

260066.38 1404



270067.1 1458

280067.2 1512

290067.3 1566

300067.4 1620

310067.5 1672

320067.6 1726

325067.7 1753

330067.8 1780

337567.9 1820

340067.10 1834

350067.11 1888

360067.12 1942

370067.13 1996

375067.14 2023

380067.15 2050

390067.16 2104

400067.17 2158

410067.18 2212

420067.19 2265

430067.20 2319

440067.21 2373

450067.22 2427

460067.23 2481

470067.24 2535

480067.25 2589

490067.26 2643

500067.27 2697

510067.28 2751

520067.29 2805

530067.30 2859

540067.31 2913

550067.32 2967

560067.33 3021

570067.34 3075

580067.35 3129

590067.36 3183

600067.37 3237

610067.38 3291



620068.1 3345

630068.2 3399

640068.3 3453

650068.4 3507

660068.5 3561

670068.6 3615

680068.7 3669

690068.8 3723

700068.9 3777

710068.10 3831

720068.11 3885

730068.12 3939

740068.13 3993

750068.14 4047

760068.15 4101

770068.16 4155

780068.17 4209

790068.18 4263

800068.19 4317

810068.20 4371

820068.21 4425

830068.22 4479

840068.23 4533

850068.24 4587

860068.25 4641

870068.26 4695

880068.27 4749

890068.28 4803

900068.29 4857

910068.30 4911

920068.31 4965

930068.32 5019

940068.33 5073

950068.34 5127

960068.35 5181

970068.36 5235

980068.37 5289

990068.38 5343



10,00069.1 5397

10,10069.2 5451

10,20069.3 5505

10,30069.4 5559

10,40069.5 5613

10,50069.6 5667

10,60069.7 5721

10,70069.8 5775

10,80069.9 5729

10,90069.10 5883

11,00069.11 5937

11,10069.12 5991

11,20069.13 6045

11,30069.14 6099

11,40069.15 6153

11,50069.16 6207

11,60069.17 6261

11,70069.18 6315

11,80069.19 6369

11,90069.20 6423

12,00069.21 6477

12,10069.22 6531

12,20069.23 6585

12,30069.24 6639

12,40069.25 6693

12,50069.26 6747

12,50069.27 any amount in excess of 6747

69.28 (c) The maximum monthly service pension amount per month for each year of service

69.29 credited that may be provided for in the bylaws of the volunteer firefighters relief association

69.30 must be set pursuant to Minnesota Statutes, section 424A.02, subdivision 3, paragraph (c).


69.32 Sec. 82. VETERANS HOMES CONSTRUCTION.

69.33 Subdivision 1. Short title. This section may be cited as the "People's Veterans Homes

69.34 Act."



70.1 Subd. 2. Veterans homes established. (a) The commissioner of veterans affairs may

70.2 apply for federal funding and establish veterans homes with up to 140 beds available to

70.3 provide a continuum of care, including skilled nursing care, for eligible veterans and their

70.4 spouses in the following locations:

70.5 (1) Preston;

70.6 (2) Montevideo; and

70.7 (3) Bemidji.

70.8 (b) The state shall provide the necessary operating costs for the veterans homes in excess

70.9 of any revenue and federal funding for the homes that may be required to continue the

70.10 operation of the homes and care for Minnesota veterans.

70.11 Subd. 3. Nonstate contribution. The commissioner of administration may accept

70.12 contributions of land or money from private individuals, businesses, local governments,

70.13 veterans service organizations, and other nonstate sources for the purpose of providing

70.14 matching funding when soliciting federal funding for the development of the homes

70.15 authorized by this section.


70.17 Sec. 83. REVISOR'S INSTRUCTION.

70.18 In Minnesota Statutes, chapter 13, the revisor of statutes shall replace the term

70.19 "commissioner of administration" with "chief administrative law judge" and the term

70.20 "commissioner" with "chief administrative law judge" where it is clear the text is referring

70.21 to the commissioner of administration.

70.22 Sec. 84. REPEALERS.

70.23 Subdivision 1. Continuity of legislature. Minnesota Statutes 2016, sections 3.93; 3.94;

70.24 3.95; and 3.96, are repealed, effective July 1, 2018.

70.25 Subd. 2. Data practices transfer. Minnesota Statutes 2016, section 13.02, subdivision

70.26 2, is repealed, effective July 1, 2018.

70.27 Subd. 3. Attorney general contingent fees. Minnesota Statutes 2016, section 8.10, is

70.28 repealed, effective July 1, 2018.

70.29 Subd. 4. Hair braiding. Minnesota Statutes 2016, section 155A.28, subdivisions 1, 3,

70.30 and 4, are repealed, effective July 1, 2018.



71.1 Subd. 5. Legislative Budget Office. Minnesota Statutes 2017 Supplement, section 3.98,

71.2 subdivision 4, and Laws 2017, First Special Session chapter 4, article 2, section 59, are

71.3 repealed, effective January 8, 2018.

71.4 Subd. 6. Metropolitan Council. Minnesota Statutes 2016, section 473.123, subdivision

71.5 3, and Laws 1994, chapter 628, article 1, section 8, are repealed, effective January 1, 2019.

71.6 ARTICLE 3

71.7 ADMINISTRATIVE RULE MAKING


71.9 Subd. 3. Rulemaking procedures. (a) The definition of a rule in section 14.02,

71.10 subdivision 4, does not include:

71.11 (1) rules concerning only the internal management of the agency or other agencies that

71.12 do not directly affect the rights of or procedures available to the public;

71.13 (2) an application deadline on a form; and the remainder of a form and instructions for

71.14 use of the form to the extent that they do not impose substantive requirements other than

71.15 requirements contained in statute or rule;

71.16 (3) the curriculum adopted by an agency to implement a statute or rule permitting or

71.17 mandating minimum educational requirements for persons regulated by an agency, provided

71.18 the topic areas to be covered by the minimum educational requirements are specified in

71.19 statute or rule;

71.20 (4) procedures for sharing data among government agencies, provided these procedures

71.21 are consistent with chapter 13 and other law governing data practices.

71.22 (b) The definition of a rule in section 14.02, subdivision 4, does not include:

71.23 (1) rules of the commissioner of corrections relating to the release, placement, term, and

71.24 supervision of inmates serving a supervised release or conditional release term, the internal

71.25 management of institutions under the commissioner's control, and rules adopted under

71.26 section 609.105 governing the inmates of those institutions;

71.27 (2) rules relating to weight limitations on the use of highways when the substance of the

71.28 rules is indicated to the public by means of signs;

71.29 (3) opinions of the attorney general;

71.30 (4) the data element dictionary and the annual data acquisition calendar of the Department

71.31 of Education to the extent provided by section 125B.07;

71Article 3 Section 1.


72.1 (5) the occupational safety and health standards provided in section 182.655;

72.2 (6) revenue notices and tax information bulletins of the commissioner of revenue;

72.3 (7) uniform conveyancing forms adopted by the commissioner of commerce under

72.4 section 507.09;

72.5 (8) standards adopted by the Electronic Real Estate Recording Commission established

72.6 under section 507.0945; or

72.7 (9) the interpretive guidelines developed by the commissioner of human services to the

72.8 extent provided in chapter 245A.; or

72.9 (10) policies established pursuant to section 14.031.

72.10 Sec. 2. [14.031] POLICY PRONOUNCEMENTS.

72.11 Subdivision 1. Definition. (a) As used in this section, "policy" means a public written

72.12 policy, guideline, bulletin, manual, or similar document providing an interpretation,

72.13 clarification, or explanation of a statute or rule to provide guidance for agency regulatory

72.14 functions including but not limited to permits or enforcement actions.

72.15 The definition of a policy does not include:

72.16 (1) policies concerning only the internal management of the agency or other agencies

72.17 that do not directly affect the rights of or procedures available to the public;

72.18 (2) forms and instructions for use of the form to the extent that they do not impose

72.19 substantive requirements other than requirements contained in statute or rule;

72.20 (3) curriculums adopted by an agency to implement a statute or rule permitting or

72.21 mandating minimum educational requirements for persons regulated by an agency, provided

72.22 the topic areas to be covered by the minimum educational requirements are specified in

72.23 statute or rule;

72.24 (4) procedures for sharing data among government agencies, provided these procedures

72.25 are consistent with chapter 13 and other law governing data practices; or

72.26 (5) policies concerning agency actions required to comply with treaty obligations.

72.27 (b) A policy does not have the force of law.

72.28 (c) Policies established by the agency are subject to all of the following requirements:

72.29 (1) a policy shall comply with the statutes and rules that are in existence at the time the

72.30 policy is established;

72Article 3 Sec. 2.


73.1 (2) a policy shall not establish any new requirement;

73.2 (3) a policy shall be established only by the commissioner of the agency; and

73.3 (4) the following statement must be printed on the first page of each policy in uppercase

73.4 letters: "Every five years the agency shall review and update each policy that is established

73.5 before the effective date of this section or that it establishes after the effective date of this

73.6 section and shall prepare written documentation certifying that the policy has been reviewed

73.7 and updated. A policy that has not been reviewed and updated pursuant to this paragraph

73.8 is void."

73.9 Subd. 2. Notice to legislature. By January 15 each year, each agency must submit each

73.10 policy the agency has or intends to publish under subdivision 3 in the upcoming calendar

73.11 year to the policy and funding committees and divisions with jurisdiction over the agency.

73.12 Each agency must post a link to its policies on the agency's Web site.

73.13 Subd. 3. Public notice. Before a policy is in effect, the agency must publish public notice

73.14 of the proposed policy and solicit public comment. The agency shall use the procedure set

73.15 forth under section 14.22 to provide public notice and meeting. The agency shall publish

73.16 the public notice on the agency's Web site. The agency must send a copy of the same notice

73.17 to the chairs and ranking minority members of the legislative policy and budget committees

73.18 with jurisdiction over the subject matter of the proposed policy. The public comment period

73.19 shall be 30 days after the date of a public meeting on the policy.

73.20 Subd. 4. Final publication. The agency must make all policies that conform to this

73.21 section available electronically on the agency's Web site within 60 days of the completion

73.22 of requirements in this section.

73.23 Subd. 5. Committee action; delay action. The agency shall not use a policy until the

73.24 legislature adjourns the annual legislative session that began the year the legislature received

73.25 notice of the policy under subdivision 2. The speaker of the house and the president of the

73.26 senate shall determine if a committee has jurisdiction over the agency before a committee

73.27 may act under this section.

73.28 Subd. 6. Policy docket. (a) Each agency shall maintain a policy docket with the agency's

73.29 current public rulemaking docket under section 14.366.

73.30 (b) The policy docket must contain:

73.31 (1) a listing of the precise subject matter;

73.32 (2) the name and address of agency personnel with whom persons may communicate

73.33 with respect to the matter and an indication of its present status within the agency;

73Article 3 Sec. 2.


74.1 (3) any known timetable for agency decisions or other action in the proceeding;

74.2 (4) the date of the public hearing on the policy;

74.3 (5) the schedule for public comments on the policy; and

74.4 (6) the date the policy became or becomes effective.


74.6 Subd. 4. Exceptions. (a) Subdivision 3 does not apply if the administrative law judge

74.7 approves an agency's determination that the legislature has appropriated money to sufficiently

74.8 fund the expected cost of the rule upon the business or city proposed to be regulated by the

74.9 rule.

74.10 (b) Subdivision 3 does not apply if the administrative law judge approves an agency's

74.11 determination that the rule has been proposed pursuant to a specific federal statutory or

74.12 regulatory mandate.

74.13 (c) This section does not apply if the rule is adopted under section 14.388 or under

74.14 another law specifying that the rulemaking procedures of this chapter do not apply.

74.15 (d) This section does not apply to a rule adopted by the Public Utilities Commission.

74.16 (e) Subdivision 3 does not apply if the governor waives application of subdivision 3.

74.17 The governor may issue a waiver at any time, either before or after the rule would take

74.18 effect, but for the requirement of legislative approval. As soon as possible after issuing a

74.19 waiver under this paragraph, the governor must send notice of the waiver to the speaker of

74.20 the house and the president of the senate and must publish notice of this determination in

74.21 the State Register.

74.22 Sec. 4. [14.1275] RULES IMPACTING RESIDENTIAL CONSTRUCTION OR

74.23 REMODELING; LEGISLATIVE NOTICE AND REVIEW.

74.24 Subdivision 1. Definition. As used in this section, "residential construction" means the

74.25 new construction or remodeling of any building subject to the Minnesota Residential Code.

74.26 Subd. 2. Impact on housing; agency determination. (a) An agency must determine if

74.27 implementation of a proposed rule, or any portion of a proposed rule, will, on average,

74.28 increase the cost of residential construction or remodeling by $1,000 or more per unit, and

74.29 whether the proposed rule meets the state regulatory policy objectives described in section

74.30 14.002. In calculating the cost of implementing a proposed rule, the agency may consider

74.31 the impact of other related proposed rules on the overall cost of residential construction. If

74Article 3 Sec. 4.


75.1 applicable, the agency may include offsetting savings that may be achieved through

75.2 implementation of related proposed rules in its calculation under this subdivision.

75.3 (b) The agency must make the determination required by paragraph (a) before the close

75.4 of the hearing record, or before the agency submits the record to the administrative law

75.5 judge if there is no hearing. Upon request of a party affected by the proposed rule, the

75.6 administrative law judge must review and approve or disapprove an agency's determination

75.7 under this subdivision.

75.8 Subd. 3. Notice to legislature; legislative review. If the agency determines that the

75.9 impact of a proposed rule meets or exceeds the cost threshold provided in subdivision 2, or

75.10 if the administrative law judge separately confirms the cost of any portion of a rule exceeds

75.11 the cost threshold provided in subdivision 2, the agency must notify, in writing, the chair

75.12 and ranking minority members of the policy committees of the house of representatives and

75.13 the senate with jurisdiction over the subject matter of the proposed rule within ten days of

75.14 the determination. The agency shall not adopt the proposed rule until after the adjournment

75.15 of the next annual session of the legislature convened on or after the date that notice required

75.16 in this subdivision is given to the chairs and ranking minority members.

75.17 EFFECTIVE DATE. This section is effective August 1, 2018, and applies to

75.18 administrative rules proposed on or after that date.


75.20 read:

75.21 Subd. 4. Fees and expenses. (a) The administrative law judge shall award fees and other

75.22 expenses to the prevailing party under subdivision 1, unless special circumstances make an

75.23 award unjust.

75.24 (b) A party seeking an award of fees and other expenses shall, within 30 days of

75.25 administrative law judge's report issued in the action, submit to the administrative law judge

75.26 an application of fees and other expenses that shows that the party is a prevailing party and

75.27 is eligible to receive an award, and the amount sought, including an itemized statement from

75.28 any attorney or expert witness representing or appearing on behalf of the party stating the

75.29 actual time expended and the rate at which fees and other expenses were computed.

75.30 (c) The administrative law judge may reduce the amount to be awarded under this section,

75.31 or deny an award, to the extent that during the proceedings the prevailing party engaged in

75.32 conduct that unduly and unreasonably protracted the final resolution of the matter in

75.33 controversy. The decision of an administrative law judge under this section must be made

75Article 3 Sec. 5.


76.1 a part of the record containing the final decision of the agency and must include written

76.2 findings and conclusions.

76.3 (d) This section does not preclude a party from recovering costs, disbursements, fees,

76.4 and expenses under other applicable law.

76.5 Sec. 6. REPEALER.

76.6 Minnesota Statutes 2016, section 14.381, subdivision 3, is repealed.

76.7 Sec. 7. EFFECTIVE DATE; APPLICATION.

76.8 (a) This article is effective August 1, 2018, and applies to rules for which a notice of

76.9 hearing under Minnesota Statutes, section 14.14; a notice of intent to adopt under Minnesota

76.10 Statutes, section 14.22; or a dual notice under Minnesota Statutes, section 14.225, is published

76.11 in the State Register on or after that date.

76.12 (b) This article also applies to policies established on or after January 1, 2019. All policies

76.13 existing on or before the date of enactment shall be posted on the agency's public docket

76.14 on or before January 1, 2019.

76.15 ARTICLE 4

76.16 CAMPAIGN FINANCE

76.17 Section 1. Minnesota Statutes 2016, section 10A.02, subdivision 13, is amended to read:

76.18 Subd. 13. Rules. (a) Chapter 14 applies to the board. The board may adopt rules to carry

76.19 out the purposes of this chapter if, before June 1, 2018, the board has published a notice of

76.20 intent to adopt a rule without public hearing under section 14.22, subdivision 1, 14.389,

76.21 subdivision 2, or 14.3895, subdivision 3; a dual notice under section 14.22, subdivision 2;

76.22 or a notice of hearing on a proposed rule under section 14.14.

76.23 (b) After May 31, 2018, the board may only adopt rules that:

76.24 (1) incorporate specific changes set forth in applicable statutes when no interpretation

76.25 of law is required; or

76.26 (2) make changes to rules that do not alter the sense, meaning, or effect of a rule.

76.27 (c) In addition to the notice required under chapter 14, the board shall notify the chairs

76.28 and ranking minority members of the committees or subcommittees in the senate and house

76.29 of representatives with primary jurisdiction over elections within seven calendar days of

76.30 taking the following actions:



77.1 (1) publication of a notice of intent to adopt rules or a notice of hearing;

77.2 (2) publication of proposed rules in the State Register;

77.3 (3) issuance of a statement of need and reasonableness; or

77.4 (4) adoption of final rules.

77.5 EFFECTIVE DATE. This section is effective the day following final enactment for

77.6 rules for which a notice of intent to adopt a rule without public hearing under Minnesota

77.7 Statutes, section 14.22, subdivision 1, 14.389, subdivision 2, or 14.3895, subdivision 3; a

77.8 dual notice under Minnesota Statutes, section 14.22, subdivision 2; or a notice of hearing

77.9 on a proposed rule under Minnesota Statutes, section 14.14, was published before June 1,

77.10 2018.


77.12 Subdivision 1. Designation. An individual resident of this state who files an income tax

77.13 return or a renter and homeowner property tax refund return with the commissioner of

77.14 revenue may designate on their original return that $5 be paid from the general fund of the

77.15 state into the state elections campaign account. If a husband and wife file a joint return,

77.16 each spouse may designate that $5 be paid. No individual is allowed to designate $5 more

77.17 than once in any year. The taxpayer may designate that the amount be paid into the account

77.18 of a political party or into the general account.


77.20 Subd. 3. Form. The commissioner of revenue must provide on the first page of the

77.21 income tax form and the renter and homeowner property tax refund return a space for the

77.22 individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund of

77.23 the state to finance election campaigns. The form must also contain language prepared by

77.24 the commissioner that permits the individual to direct the state to pay the $5 (or $10 if filing

77.25 a joint return) to: (1) one of the major political parties; (2) any minor political party that

77.26 qualifies under subdivision 3a; or (3) all qualifying candidates as provided by subdivision

77.27 7. The renter and homeowner property tax refund return must include instructions that the

77.28 individual filing the return may designate $5 on the return only if the individual has not

77.29 designated $5 on the income tax return.

77Article 4 Sec. 3.



78.2 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state elections

78.3 campaign account, less three percent, are appropriated from the general fund, must be

78.4 transferred and credited to the appropriate account in the state elections campaign account,

78.5 and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7 this

78.6 section. The remaining three percent must be kept in the general fund for administrative

78.7 costs.

78.8 (b) In addition to the amounts in paragraph (a), $1,020,000 for each general election is

78.9 appropriated from the general fund for transfer to the general account of the state elections

78.10 campaign account.


78.12 Subd. 5. Allocation. (a) General account. In each calendar year the money in the general

78.13 account must be allocated to candidates as follows:

78.14 (1) 21 percent for the offices of governor and lieutenant governor together;

78.15 (2) 4.2 percent for the office of attorney general;

78.16 (3) 2.4 percent each for the offices of secretary of state and state auditor;

78.17 (4) in each calendar year during the period in which state senators serve a four-year

78.18 term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state

78.19 representative; and

78.20 (5) in each calendar year during the period in which state senators serve a two-year term,

78.21 35 percent each for the offices of state senator and state representative.

78.22 (b) Party account. In each calendar year the money in each party account must be

78.23 allocated as follows:

78.24 (1) 14 percent for the offices of governor and lieutenant governor together;

78.25 (2) 2.8 percent for the office of attorney general;

78.26 (3) 1.6 percent each for the offices of secretary of state and state auditor;

78.27 (4) in each calendar year during the period in which state senators serve a four-year

78.28 term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state

78.29 representative;

78.30 (5) in each calendar year during the period in which state senators serve a two-year term,

78.31 35 percent each for the offices of state senator and state representative; and

78Article 4 Sec. 5.


79.1 (6) ten percent or $50,000, whichever is less, for the state committee of a political party;

79.2 one-third of any amount in excess of that allocated to the state committee of a political party

79.3 under this clause must be allocated to the office of state senator and two-thirds must be

79.4 allocated to the office of state representative under clause (4).

79.5 Money allocated to each state committee under clause (6) must be deposited in a separate

79.6 account and must be spent for only those items enumerated in section 10A.275. Money

79.7 allocated to a state committee under clause (6) must be paid to the committee by the board

79.8 as it is received in the account on a monthly basis, with payment on the 15th day of the

79.9 calendar month following the month in which the returns were processed by the Department

79.10 of Revenue, provided that these distributions would be equal to 90 percent of the amount

79.11 of money indicated in the Department of Revenue's weekly unedited reports of income tax

79.12 returns and property tax refund returns processed in the month, as notified by the Department

79.13 of Revenue to the board. The amounts paid to each state committee are subject to biennial

79.14 adjustment and settlement at the time of each certification required of the commissioner of

79.15 revenue under subdivisions 7 and 10. If the total amount of payments received by a state

79.16 committee for the period reflected on a certification by the Department of Revenue is

79.17 different from the amount that should have been received during the period according to

79.18 the certification, each subsequent monthly payment must be increased or decreased to the

79.19 fullest extent possible until the amount of the overpayment is recovered or the underpayment

79.20 is distributed.


79.22 Subd. 7. Distribution of general account. (a) As soon as the board has obtained the

79.23 results of the primary election from the secretary of state, but no later than one week after

79.24 certification of the primary results by the State Canvassing Board, the board must distribute

79.25 the available money in the general state elections campaign account, as certified by the

79.26 commissioner of revenue one week before the state primary and according to allocations

79.27 set forth in subdivision 5, in equal amounts to all candidates of a major political party whose

79.28 names are to appear on the ballot in the general election and who:

79.29 (1) have signed a spending limit agreement under section 10A.322;

79.30 (2) have filed the affidavit of contributions required by section 10A.323; and

79.31 (3) were opposed in either the primary election or the general election.

79.32 (b) The public subsidy paid under this subdivision may not be paid in an amount that

79.33 would cause the sum of the public subsidy paid from the party account plus the public

79Article 4 Sec. 6.


80.1 subsidy paid from the general account to exceed 50 percent of the expenditure limit for the

80.2 candidate or 50 percent of the expenditure limit that would have applied to the candidate if

80.3 the candidate had not been freed from expenditure limits under section 10A.25, subdivision

80.4 10. Money from the general account not paid to a candidate because of the 50 percent limit

80.5 must be distributed equally among all other qualifying candidates for the same office until

80.6 all have reached the 50 percent limit or the balance in the general account is exhausted.


80.8 Subd. 10. December distribution. In the event that on the date of either certification

80.9 by the commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of

80.10 the tax returns have been processed, the commissioner of revenue must certify to the board

80.11 by December 1 the amount accumulated in each the account since the previous certification.

80.12 By December 15, the board must distribute to each candidate according to the allocations

80.13 in subdivisions 5 and 5a allocation in subdivision 5 the amounts to which the candidates

80.14 are entitled.

80.15 Sec. 8. Minnesota Statutes 2016, section 10A.31, subdivision 10b, is amended to read:

80.16 Subd. 10b. Remainder. Money accumulated after the final certification must be kept

80.17 in the respective accounts state elections campaign account for distribution in the next

80.18 general election year.

80.19 Sec. 9. Minnesota Statutes 2016, section 10A.315, is amended to read:

80.20 10A.315 SPECIAL ELECTION SUBSIDY.

80.21 (a) Each eligible candidate for a legislative office in a special election must be paid a

80.22 public subsidy equal to the sum of:

80.23 (1) the party account money at the last general election for the candidate's party for the

80.24 office the candidate is seeking; and

80.25 (2) the general account amount of state elections campaign money paid to a candidate

80.26 for the same office at the last general election.

80.27 (b) A candidate who wishes to receive this public subsidy must submit a signed agreement

80.28 under section 10A.322 to the board and must meet the contribution requirements of section

80.29 10A.323. The special election subsidy must be distributed in the same manner as money in

80.30 the party and general accounts state elections campaign account is distributed to legislative

80.31 candidates in a general election.

80Article 4 Sec. 9.


81.1 (c) The amount necessary to make the payments required by this section is appropriated

81.2 from the general fund for transfer to the state special elections campaign account for

81.3 distribution by the board as set forth in this section.


81.5 Subdivision 1. Calculation and certification of estimates. The commissioner of revenue

81.6 must calculate and certify to the board one week before the first day for filing for office in

81.7 each election year an estimate of the total amount in the state general account of the state

81.8 elections campaign account and the amount of money each candidate who qualifies, as

81.9 provided in section 10A.31, subdivisions 6 and subdivision 7, may receive from the

81.10 candidate's party account in the state elections campaign account. This estimate must be

81.11 based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any

81.12 necessary vote totals provided by the secretary of state to apply the formulas in section

81.13 10A.31, subdivisions 5 and 5a, subdivision 5, and the amount of money expected to be

81.14 available after 100 percent of the tax returns have been processed.


81.16 Subd. 23. Refund of contributions to political parties and candidates. (a) A taxpayer

81.17 may claim a refund equal to the amount of the taxpayer's contributions made in the calendar

81.18 year to candidates and to a political party. The maximum refund for an individual must not

81.19 exceed $50 and for a married couple, filing jointly, must not exceed $100. A refund of a

81.20 contribution is allowed only if the taxpayer files a form required by the commissioner and

81.21 attaches to the form a copy of an official refund receipt form issued by the candidate or

81.22 party and signed by the candidate, the treasurer of the candidate's principal campaign

81.23 committee, or the chair or treasurer of the party unit, after the contribution was received.

81.24 The receipt forms must be numbered, and the data on the receipt that are not public must

81.25 be made available to the campaign finance and public disclosure board upon its request. A

81.26 claim must be filed with the commissioner no sooner than January 1 of the calendar year

81.27 in which the contribution was made and no later than April 15 of the calendar year following

81.28 the calendar year in which the contribution was made. A taxpayer may file only one claim

81.29 per calendar year. Amounts paid by the commissioner after June 15 of the calendar year

81.30 following the calendar year in which the contribution was made must include interest at the

81.31 rate specified in section 270C.405.

81.32 (b) No refund is allowed under this subdivision for a contribution to a candidate unless

81.33 the candidate:



82.1 (1) has signed an agreement to limit campaign expenditures as provided in section

82.2 10A.322;

82.3 (2) is seeking an office for which voluntary spending limits are specified in section

82.4 10A.25; and

82.5 (3) has designated a principal campaign committee.

82.6 This subdivision does not limit the campaign expenditures of a candidate who does not

82.7 sign an agreement but accepts a contribution for which the contributor improperly claims

82.8 a refund.

82.9 (c) For purposes of this subdivision, "political party" means a major political party as

82.10 defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion

82.11 on the income tax or property tax refund form under section 10A.31, subdivision 3a as

82.12 defined in section 200.02, subdivision 23.

82.13 A "major party" or "minor party" includes the aggregate of that party's organization

82.14 within each house of the legislature, the state party organization, and the party organization

82.15 within congressional districts, counties, legislative districts, municipalities, and precincts.

82.16 "Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a

82.17 candidate for judicial office.

82.18 "Contribution" means a gift of money.

82.19 (d) The commissioner shall make copies of the form available to the public and candidates

82.20 upon request.

82.21 (e) The following data collected or maintained by the commissioner under this subdivision

82.22 are private: the identities of individuals claiming a refund, the identities of candidates to

82.23 whom those individuals have made contributions, and the amount of each contribution.

82.24 (f) The commissioner shall report to the campaign finance and public disclosure board

82.25 by each August 1 a summary showing the total number and aggregate amount of political

82.26 contribution refunds made on behalf of each candidate and each political party. These data

82.27 are public.

82.28 (g) The amount necessary to pay claims for the refund provided in this section is

82.29 appropriated from the general fund to the commissioner of revenue.

82.30 (h) For a taxpayer who files a claim for refund via the Internet or other electronic means,

82.31 the commissioner may accept the number on the official receipt as documentation that a

82.32 contribution was made rather than the actual receipt as required by paragraph (a).




83.2 Minnesota Statutes 2016, sections 10A.30, subdivision 2; and 10A.31, subdivisions 3a,

83.3 5a, 6, and 6a, are repealed.

83.4 Sec. 13. EFFECTIVE DATE; APPLICABILITY.

83.5 This article is effective the day following final enactment, and provisions impacting the

83.6 public subsidy for candidates apply to elections held on or after that date. No later than July

83.7 1, 2018, the Campaign Finance and Public Disclosure Board must notify, in writing, all

83.8 candidates who have signed an agreement applicable for the 2018 general election of the

83.9 changes enacted by this article, and provide each candidate an opportunity, at the candidate's

83.10 discretion, to sign a new agreement that reflects these changes. Agreements applicable for

83.11 the 2018 general election that were signed prior to the effective date of this section remain

83.12 valid for the sole purpose of establishing the candidate's eligibility to participate in the

83.13 political contribution refund program authorized by Minnesota Statutes, section 290.06,

83.14 subdivision 23, but are otherwise unenforceable and invalid for any other purpose.

83.15 ARTICLE 5

83.16 MINNESOTA SPORTS FACILITIES AUTHORITY


83.18 Subdivision 1. Not public classification. The following data received, created, or

83.19 maintained by or for publicly owned and operated convention facilities, civic center

83.20 authorities, or the Metropolitan Minnesota Sports Facilities Commission Authority are

83.21 classified as nonpublic data pursuant to section 13.02, subdivision 9; or private data on

83.22 individuals pursuant to section 13.02, subdivision 12:

83.23 (a) a letter or other documentation from any person who makes inquiry to or who is

83.24 contacted by the facility regarding the availability of the facility for staging events;

83.25 (b) identity of firms and corporations which contact the facility;

83.26 (c) type of event which they wish to stage in the facility;

83.27 (d) suggested terms of rentals; and

83.28 (e) responses of authority staff to these inquiries.




84.2 Subd. 2. Public data. (a) The data made not public by the provisions of subdivision 1

84.3 shall become public upon the occurrence of any of the following:

84.4 (a) (1) five years elapse from the date on which the lease or contract is entered into

84.5 between the facility and the inquiring party or parties or the event which was the subject of

84.6 inquiry occurs at the facility, whichever occurs earlier;

84.7 (b) (2) the event which was the subject of inquiry does not occur; or

84.8 (c) (3) the event which was the subject of inquiry occurs elsewhere.

84.9 (b) Data regarding persons receiving free or discounted admission, tickets, or other gifts

84.10 from publicly owned and operated convention facilities, civic center authorities, or the

84.11 Minnesota Sports Facilities Authority are public data unless the data are subject to the

84.12 provisions of subdivision 1 or 4, paragraph (b).

84.13 Sec. 3. Minnesota Statutes 2016, section 16A.965, is amended by adding a subdivision to

84.14 read:

84.15 Subd. 11. Prepayment of bonds. By June 30, 2024, and every fourth fiscal year

84.16 thereafter, the commissioner shall set aside, in a separate account in the general fund, an

84.17 amount equal to the cumulative reduction in the payment for stadium operating expenses

84.18 under section 473J.13, subdivision 2, paragraph (b), over the previous four fiscal years.

84.19 When a sufficient amount has accumulated in that account to make it practicable, the

84.20 commissioner must use amounts in the account to prepay or defease bonds in a manner that

84.21 preserves the tax exempt status of the bonds.

84.22 EFFECTIVE DATE. This section is effective July 1, 2020, and applies to reductions

84.23 to stadium operating expenses payments made in that fiscal year and thereafter.


84.25 Subd. 4. General fund allocations. The commissioner must retain and deposit to the

84.26 general fund the following amounts, as required by subdivision 3, clause (3):

84.27 (1) for state bond debt service support beginning in calendar year 2021, and for each

84.28 calendar year thereafter through calendar year 2046, periodic amounts so that not later than

84.29 December 31, 2046, an aggregate amount equal to a present value of $150,000,000 has been

84.30 deposited in the general fund. To determine aggregate present value, the commissioner must

84.31 consult with the commissioner of management and budget regarding the present value dates,

84Article 5 Sec. 4.


85.1 discount rate or rates, and schedules of annual amounts. The present value date or dates

85.2 must be based on the date or dates bonds are sold under section 16A.965, or the date or

85.3 dates other state funds, if any, are deposited into the construction fund. The discount rate

85.4 or rates must be based on the true interest cost of the bonds issued under section 16A.965,

85.5 or an equivalent 30-year bond index, as determined by the commissioner of management

85.6 and budget. The schedule of annual amounts must be certified to the commissioner by the

85.7 commissioner of management and budget and the finance officer of the city;

85.8 (2) for the capital improvement reserve appropriation to the Minnesota Sports Facilities

85.9 Authority beginning in calendar year 2021, and for each calendar year thereafter through

85.10 calendar year 2046, an aggregate annual amount equal to the amount paid by the state for

85.11 this purpose in that calendar year under section 473J.13, subdivision 4;

85.12 (3) for the operating expense appropriation to the Minnesota Sports Facilities Authority

85.13 beginning in calendar year 2021, and for each calendar year thereafter through calendar

85.14 year 2046, an aggregate annual amount equal to the amount paid by the state for this purpose

85.15 in that calendar year under section 473J.13, subdivision 2, determined without regard to

85.16 any reduction under section 473J.13, subdivision 2, paragraph (b);

85.17 (4) for recapture of state advances for capital improvements and operating expenses for

85.18 calendar years 2016 through 2020 beginning in calendar year 2021, and for each calendar

85.19 year thereafter until all amounts under this clause have been paid, proportionate amounts

85.20 periodically until an aggregate amount equal to the present value of all amounts paid by the

85.21 state have been deposited in the general fund. To determine the present value of the amounts

85.22 paid by the state to the authority and the present value of amounts deposited to the general

85.23 fund under this clause, the commissioner shall consult with the commissioner of management

85.24 and budget regarding the present value dates, discount rate or rates, and schedule of annual

85.25 amounts. The present value dates must be based on the dates state funds are paid to the

85.26 authority, or the dates the commissioner of revenue deposits taxes for purposes of this clause

85.27 to the general fund. The discount rates must be based on the reasonably equivalent cost of

85.28 state funds as determined by the commissioner of management and budget. The schedule

85.29 of annual amounts must be revised to reflect amounts paid under section 473J.13, subdivision

85.30 2, paragraph (b), for 2016 to 2020, and subdivision 4, paragraph (c), for 2016 to 2020, and

85.31 taxes deposited to the general fund from time to time under this clause, and the schedule

85.32 and revised schedules must be certified to the commissioner by the commissioner of

85.33 management and budget and the finance officer of the city, and are transferred as accrued

85.34 from the general fund for repayment of advances made by the state to the authority.

85.35 Determination of the present value amounts must be made without regard to any reduction

85Article 5 Sec. 4.


86.1 in the state advances resulting from a reduction in the payments under section 473J.13,

86.2 subdivision 2, paragraph (b); and

86.3 (5) to capture increases in taxes imposed under the special law, for the benefit of the

86.4 Minnesota Sports Facilities Authority, beginning in calendar year 2013 and for each calendar

86.5 year thereafter through 2046, there shall be deposited to the general fund in proportionate

86.6 periodic payments in the following year, an amount equal to the following:

86.7 (i) 50 percent of the difference, if any, by which the amount of the net annual taxes for

86.8 the previous year exceeds the sum of the net actual taxes in calendar year 2011 plus

86.9 $1,000,000, inflated at two percent per year since 2011, minus

86.10 (ii) 25 percent of the difference, if any, by which the amount of the net annual taxes for

86.11 the preceding year exceeds the sum of the net actual taxes in calendar year 2011 plus

86.12 $3,000,000, inflated at two percent per year since 2011.

86.13 EFFECTIVE DATE. This section is effective upon compliance by the governing body

86.14 of the city of Minneapolis with Minnesota Statutes, section 645.021.


86.16 Subd. 3. Available revenues. For purposes of this section, "available revenues" equals

86.17 the amount determined under subdivision 2, plus up to $20,000,000 each fiscal year from

86.18 the taxes imposed under section 290.06, subdivision 1:

86.19 (1) reduced by the following amounts paid for the fiscal year under:

86.20 (i) the appropriation to principal and interest on appropriation bonds under section

86.21 16A.965, subdivision 8;

86.22 (ii) the appropriation from the general fund to make operating expense payments under

86.23 section 473J.13, subdivision 2, paragraph (b);

86.24 (iii) the appropriation for contributions to the capital reserve fund under section 473J.13,

86.25 subdivision 4, paragraph (c);

86.26 (iv) the appropriations under Laws 2012, chapter 299, article 4, for administration and

86.27 any successor appropriation;

86.28 (v) the reduction in revenues resulting from the sales tax exemptions under section

86.29 297A.71, subdivision 43;

86.30 (vi) reimbursements authorized by section 473J.15, subdivision 2, paragraph (d);

86Article 5 Sec. 5.


87.1 (vii) the compulsive gambling appropriations under section 297E.02, subdivision 3,

87.2 paragraph (c), and any successor appropriation; and

87.3 (viii) the appropriation for the city of St. Paul under section 16A.726, paragraph (c); and

87.4 (2) increased by the revenue deposited in the general fund under section 297A.994,

87.5 subdivision 4, clauses (1) to (3), for the fiscal year.

87.6 EFFECTIVE DATE. This section is effective for fiscal years beginning after June 30,

87.7 2019.


87.9 Subd. 4. Appropriation; general reserve account. (a) To the extent the commissioner

87.10 determines that revenues are available under subdivision 3 for the fiscal year, those amounts

87.11 are appropriated from the general fund for deposit in a general reserve account established

87.12 by order of the commissioner of management and budget. Amounts in this reserve are

87.13 appropriated as necessary for application against any shortfall in the amounts deposited to

87.14 the general fund under section 297A.994 or, after consultation with the Legislative

87.15 Commission on Planning and Fiscal Policy, amounts in this reserve are appropriated to the

87.16 commissioner of management and budget for other uses related to the stadium authorized

87.17 under section 473J.03, subdivision 8, that the commissioner deems financially prudent

87.18 including but not limited to reimbursements for capital and operating costs relating to the

87.19 stadium, refundings, and prepayment of debt. In no event, shall available revenues be

87.20 pledged, nor shall the appropriations of available revenues made by this section constitute

87.21 a pledge of available revenues as security for the prepayment of principal and interest on

87.22 the appropriation bonds under section 16A.965.

87.23 (b) Paragraph (a) does not apply to any fiscal year in which the commissioner of

87.24 management and budget determines that the balance in the general reserve account equals

87.25 or exceeds 1.25 multiplied by the amount due to be paid in principal and interest on the

87.26 appropriation bonds under section 16A.965, subdivision 8, during the next fiscal year after

87.27 deducting the amount forecast to be retained by the general fund under section 297A.944,

87.28 subdivision 4, clause (1), for that fiscal year.



87.31 Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to the

87.32 following establishments located within its jurisdiction:

87Article 5 Sec. 7.


88.1 (1) hotels;

88.2 (2) restaurants;

88.3 (3) bowling centers;

88.4 (4) clubs or congressionally chartered veterans organizations with the approval of the

88.5 commissioner, provided that the organization has been in existence for at least three years

88.6 and liquor sales will only be to members and bona fide guests, except that a club may permit

88.7 the general public to participate in a wine tasting conducted at the club under section

88.8 340A.419;

88.9 (5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the

88.10 Minnesota Sports Facilities Authority; and

88.11 (6) sports facilities located on land owned by the Metropolitan Sports Commission; and

88.12 (7) (6) exclusive liquor stores.

88.13 (b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or

88.14 an on-sale malt liquor license to a theater within the city, notwithstanding any law, local

88.15 ordinance, or charter provision. A license issued under this paragraph authorizes sales on

88.16 all days of the week to persons attending events at the theater.

88.17 (c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or

88.18 an on-sale malt liquor license to a convention center within the city, notwithstanding any

88.19 law, local ordinance, or charter provision. A license issued under this paragraph authorizes

88.20 sales on all days of the week to persons attending events at the convention center. This

88.21 paragraph does not apply to convention centers located in the seven-county metropolitan

88.22 area.

88.23 (d) A city may issue an on-sale wine license and an on-sale malt liquor license to a

88.24 person who is the owner of a summer collegiate league baseball team, or to a person holding

88.25 a concessions or management contract with the owner, for beverage sales at a ballpark or

88.26 stadium located within the city for the purposes of summer collegiate league baseball games

88.27 at the ballpark or stadium, notwithstanding any law, local ordinance, or charter provision.

88.28 A license issued under this paragraph authorizes sales on all days of the week to persons

88.29 attending baseball games at the ballpark or stadium.


88.31 Subd. 2a. Included employees. (a) "State employee" includes:

88.32 (1) employees of the Minnesota Historical Society;

88Article 5 Sec. 8.


89.1 (2) employees of the State Horticultural Society;

89.2 (3) employees of the Minnesota Crop Improvement Association;

89.3 (4) employees of the adjutant general whose salaries are paid from federal funds and

89.4 who are not covered by any federal civilian employees retirement system;

89.5 (5) employees of the Minnesota State Colleges and Universities who are employed under

89.6 the university or college activities program;

89.7 (6) currently contributing employees covered by the system who are temporarily

89.8 employed by the legislature during a legislative session or any currently contributing

89.9 employee employed for any special service as defined in subdivision 2b, clause (6);

89.10 (7) employees of the legislature who are appointed without a limit on the duration of

89.11 their employment;

89.12 (8) trainees who are employed on a full-time established training program performing

89.13 the duties of the classified position for which they will be eligible to receive immediate

89.14 appointment at the completion of the training period;

89.15 (9) employees of the Minnesota Safety Council;

89.16 (10) any employees who are on authorized leave of absence from the Transit Operating

89.17 Division of the former Metropolitan Transit Commission and who are employed by the

89.18 labor organization which is the exclusive bargaining agent representing employees of the

89.19 Transit Operating Division;

89.20 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space

89.21 Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito Control

89.22 Commission unless excluded under subdivision 2b or are covered by another public pension

89.23 fund or plan under section 473.415, subdivision 3;

89.24 (12) judges of the Tax Court;

89.25 (13) personnel who were employed on June 30, 1992, by the University of Minnesota

89.26 in the management, operation, or maintenance of its heating plant facilities, whose

89.27 employment transfers to an employer assuming operation of the heating plant facilities, so

89.28 long as the person is employed at the University of Minnesota heating plant by that employer

89.29 or by its successor organization;

89.30 (14) personnel who are employed as seasonal employees in the classified or unclassified

89.31 service;

89Article 5 Sec. 8.


90.1 (15) persons who are employed by the Department of Commerce as a peace officer in

90.2 the Commerce Fraud Bureau under section 45.0135 who have attained the mandatory

90.3 retirement age specified in section 43A.34, subdivision 4;

90.4 (16) employees of the University of Minnesota unless excluded under subdivision 2b,

90.5 clause (3);

90.6 (17) employees of the Middle Management Association whose employment began after

90.7 July 1, 2007, and to whom section 352.029 does not apply;

90.8 (18) employees of the Minnesota Government Engineers Council to whom section

90.9 352.029 does not apply;

90.10 (19) employees of the Minnesota Sports Facilities Authority;

90.11 (20) employees of the Minnesota Association of Professional Employees;

90.12 (21) employees of the Minnesota State Retirement System;

90.13 (22) employees of the State Agricultural Society;

90.14 (23) employees of the Gillette Children's Hospital Board who were employed in the

90.15 state unclassified service at the former Gillette Children's Hospital on March 28, 1974; and

90.16 (24) if approved for coverage by the Board of Directors of Conservation Corps Minnesota,

90.17 employees of Conservation Corps Minnesota so employed on June 30, 2003.

90.18 (b) Employees specified in paragraph (a), clause (13), are included employees under

90.19 paragraph (a) if employer and employee contributions are made in a timely manner in the

90.20 amounts required by section 352.04. Employee contributions must be deducted from salary.

90.21 Employer contributions are the sole obligation of the employer assuming operation of the

90.22 University of Minnesota heating plant facilities or any successor organizations to that

90.23 employer.


90.25 Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan Parks

90.26 and Open Space Commission, and the Metropolitan Airports Commission, and Metropolitan

90.27 Sports Facilities Commission.


90.29 473.164 SPORTS, AIRPORT COMMISSIONS COMMISSION TO PAY COUNCIL

90.30 COSTS.



91.1 Subdivision 1. Annually reimburse. The Metropolitan Sports Facilities Commission

91.2 and the Metropolitan Airports Commission shall annually reimburse the council for costs

91.3 incurred by the council in the discharge of its responsibilities relating to the commission.

91.4 The costs may be charged against any revenue sources of the commission as determined

91.5 by the commission.

91.6 Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council

91.7 shall transmit to each the commission an estimate of the costs which the council will incur

91.8 in the discharge of its responsibilities related to the commission in the next budget year

91.9 including, without limitation, costs in connection with the preparation, review,

91.10 implementation and defense of plans, programs and budgets of the commission. Each The

91.11 commission shall include the estimates in its budget for the next budget year and may

91.12 transmit its comments concerning the estimated amount to the council during the budget

91.13 review process. Prior to December 15 of each year, the amount budgeted by each the

91.14 commission for the next budget year may be changed following approval by the council.

91.15 During each budget year, the commission shall transfer budgeted funds to the council in

91.16 advance when requested by the council.

91.17 Subd. 3. Final statement. At the conclusion of each budget year, the council, in

91.18 cooperation with each the commission, shall adopt a final statement of costs incurred by

91.19 the council for each the commission. Where costs incurred in the budget year have exceeded

91.20 the amount budgeted, each the commission shall transfer to the council the additional moneys

91.21 needed to pay the amount of the costs in excess of the amount budgeted, and shall include

91.22 a sum in its next budget. Any excess of budgeted costs over actual costs may be retained

91.23 by the council and applied to the payment of budgeted costs in the next year.


91.25 Subdivision 1. In MSRS; exceptions. All employees of the former commission shall

91.26 be members of the Minnesota State Retirement System with respect to service rendered on

91.27 or after May 17, 1977, except as provided in this section.


91.29 Subd. 4. Bylaws. The authority shall adopt bylaws to establish rules of procedure, the

91.30 powers and duties of its officers, and other matters relating to the governance of the authority

91.31 and the exercise of its powers. Except as provided in this section, the bylaws adopted under

91.32 this subdivision shall be similar in form and substance to bylaws adopted by the Metropolitan

91.33 Sports Facilities Commission pursuant to Minnesota Statutes 2012, section 473.553.




92.2 Subd. 2. Acquisition. Subject to the rules of Major League Baseball, the governor and

92.3 the Metropolitan Sports Facilities Commission must attempt to facilitate the formation of

92.4 a corporation to acquire the baseball franchise and to identify an individual private managing

92.5 owner of the corporation. The corporation formed to acquire the franchise shall have a

92.6 capital structure in compliance with all of the following provisions:

92.7 (1) there may be two classes of capital stock: common stock and preferred stock. Both

92.8 classes of stock must give holders voting rights with respect to any relocation or voluntary

92.9 contraction of the franchise;

92.10 (2) the private managing owner must own no less than 25 percent and no more than 35

92.11 percent of the common stock. For purposes of this restriction, shares of common stock

92.12 owned by the private managing owner include shares of common stock owned by any related

92.13 taxpayer as defined in section 1313(c) of the Internal Revenue Code of 1986, as amended.

92.14 Other than the rights of all other holders of common stock and preferred stock with respect

92.15 to relocation or voluntary contraction of the franchise, the private managing owner must

92.16 control all aspects of the operation of the corporation;

92.17 (3) other than the private managing owner, no individual or entity may own more than

92.18 five percent of the common stock of the corporation;

92.19 (4) at least 50 percent of the ownership of the common stock must be sold to members

92.20 of the general public in a general solicitation and a person or entity must not own more than

92.21 one percent of common stock of the corporation; and

92.22 (5) the articles of incorporation, bylaws, and other governing documents must provide

92.23 that the franchise may not move outside of the state or agree to voluntary contraction without

92.24 approval of at least 75 percent of the shares of common stock and at least 75 percent of the

92.25 shares of preferred stock. Notwithstanding any law to the contrary, these 75 percent approval

92.26 requirements shall not be amended by the shareholders or by any other means.

92.27 Except as specifically provided by Laws 2006, chapter 257, no state agency may spend

92.28 money from any state fund for the purpose of generating revenue under this subdivision or

92.29 for the purpose of providing operating support or defraying operating losses of a professional

92.30 baseball franchise.



93.1 Sec. 14. Minnesota Statutes 2016, section 473J.03, is amended by adding a subdivision

93.2 to read:

93.3 Subd. 13. Stadium space. "Stadium space" means a seat, personal seat license, suite,

93.4 club room, parking, or any other part of the stadium or license to access any part of the

93.5 stadium that a member of the general public would have to pay to use or access.

93.6 Sec. 15. Minnesota Statutes 2016, section 473J.07, subdivision 2, is amended to read:

93.7 Subd. 2. Membership. (a) The authority shall consist of five members.

93.8 (b) The chair and two Three members shall be appointed by the governor and confirmed

93.9 by the house of representatives and the senate. One member appointed by the governor shall

93.10 serve until December 31 of the third year following appointment and one member shall

93.11 serve until December 31 of the fourth year following appointment. Thereafter, members

93.12 appointed by the governor shall serve four-year terms, beginning January 1. Each member

93.13 serves until a successor is appointed and takes office unless removed by the appointing

93.14 authority for cause. Cause for removal includes violation of the employee code of ethics in

93.15 section 43A.38. The chair serves at the pleasure of the governor.

93.16 (c) The mayor of the city shall appoint and the house of representatives and the senate

93.17 shall confirm two members to the authority. One member appointed by the mayor of the

93.18 city shall serve until December 31 of the third year following appointment and one member

93.19 shall serve until December 31 of the fourth year following appointment. Thereafter, members

93.20 appointed under this paragraph shall serve four-year terms beginning January 1. Each

93.21 member serves until a successor is appointed and takes office unless removed by the

93.22 appointing authority for cause. Cause for removal includes violation of the employee code

93.23 of ethics in section 43A.38. Members appointed under this paragraph may reside within the

93.24 city and may be appointed officials of a political subdivision.

93.25 (d) The initial members of the authority must be appointed not later than June 13, 2012.


93.27 applies to members appointed on or after the day following final enactment.


93.29 Subd. 3. Compensation. The authority may compensate its members, other than the

93.30 chair, as provided in section 15.0575. The chair shall receive, unless otherwise provided by

93.31 other law, a salary in an amount fixed by the authority, no more than half of the salary of



94.1 the executive director of the authority in fiscal year 2019 and shall be reimbursed for

94.2 reasonable expenses to the same extent as a member.


94.4 Subd. 4. Chair. The chair presides at all meetings of the authority, if present, and

94.5 performs all other assigned duties and functions. The members of the authority shall

94.6 biennially elect a chair from among its members. The authority may appoint from among

94.7 its members a vice-chair to act for the chair during the temporary absence or disability of

94.8 the chair, and any other officers the authority determines are necessary or convenient.


94.10 Subd. 7. Audit. The legislative auditor shall audit the books and accounts of the authority

94.11 once each year or as often as the legislative auditor's funds and personnel permit. The

94.12 authority shall pay the total cost of the audit pursuant to section 3.9741. The legislative

94.13 auditor may conduct examinations of the authority's finances, budgets, expenditures,

94.14 revenues, and its operation. The legislative auditor may periodically examine the authority's

94.15 use of stadium space by the authority's members, staff, family, friends, charitable

94.16 organizations, and vendors.


94.18 Subd. 8. Executive director; employees. The authority may appoint an executive director

94.19 to serve as the chief executive officer of the authority. The executive director serves at the

94.20 pleasure of the authority and receives compensation as determined by the authority not to

94.21 exceed $135,000. The executive director may be responsible for the operation, management,

94.22 and promotion of activities of the authority, as prescribed by the authority. The executive

94.23 director has the powers necessarily incident to the performance of duties required and powers

94.24 granted by the authority, but does not have authority to incur liability or make expenditures

94.25 on behalf of the authority without general or specific directions by the authority, as shown

94.26 by the bylaws or minutes of a meeting of the authority. The executive director is responsible

94.27 for hiring, supervision, and dismissal of all other employees of the authority. The authority

94.28 must conduct an annual employee evaluation of the executive director, which must be

94.29 reviewed and approved by the entire board.




95.2 to read:

95.3 Subd. 8a. Budget; report. After adoption, the authority shall submit its annual budget

95.4 to the commissioner of management and budget and to the chairs and ranking minority

95.5 members of the senate finance and house of representatives ways and means committees.


95.7 to read:

95.8 Subd. 8b. Contracts. The authority may not enter a contract with a value of more than

95.9 $5,000 unless the terms of the contract have been approved by the authority by public vote

95.10 at a regular or special meeting. The authority may not delegate or authorize the executive

95.11 director to execute contracts on behalf of the authority in a manner that conflicts with this

95.12 subdivision.


95.14 Subd. 9. Web site. The authority shall establish a Web site for purposes of providing

95.15 information to the public concerning all actions taken by the authority. At a minimum, the

95.16 Web site must contain a current version of the authority's bylaws, notices of upcoming

95.17 meetings, minutes of the authority's meetings, each annual budget, each use agreement,

95.18 each management agreement, each sponsorship agreement, meeting minutes for all meetings,

95.19 policies, and procedures, and contact telephone, electronic mail, and facsimile numbers for

95.20 public comments. This subdivision does not apply to information that is classified as not

95.21 public data, as defined in section 13.02, subdivision 8a, under other law.


95.23 to read:

95.24 Subd. 7a. Code of conduct and political activities. (a) The authority shall adopt and

95.25 comply with the latest version of the state code of conduct promulgated by Minnesota

95.26 Management and Budget, and sections 43A.32 and 43A.38 apply to the authority members

95.27 and the authority's employees.

95.28 (b) For purposes of section 43A.38, subdivision 4, use of or preferential access to stadium

95.29 space by an authority member or employee constitutes an impermissible use of state property

95.30 for the employee's private interest, unless the use or terms of access are expressly permitted

95.31 by this section.




96.2 Subd. 13. Legislative report. (a) The authority must report in writing to the chairs and

96.3 ranking minority members of the legislative committees with jurisdiction over state

96.4 government finance and to the senate Finance Committee and the house of representatives

96.5 Ways and Means Committee by January 15 of each year on the following, and in person to

96.6 the Legislative Commission on Minnesota Sports Facilities at least quarterly. The reports

96.7 must describe:

96.8 (1) any recommended increases in the rate or dollar amount of tax;

96.9 (2) any recommended increases in the debt of the authority;

96.10 (3) the overall work and role of the authority;

96.11 (4) the authority's proposed operating and capital budgets; and

96.12 (5) the authority's implementation of the operating and capital budgets, including

96.13 information on actual revenues and expenditures, events conducted, and all expected or

96.14 unexpected maintenance and capital repair needs arising since the time of the last report;

96.15 (6) a listing of all stadium amenities under the control of the authority since the time of

96.16 the last report, and how the amenities were used; and

96.17 (7) at least once each year, a detailed accounting of amounts expended for operating

96.18 expenses of the stadium for the most recently available year by functional category or object

96.19 or both, estimates of those expenses for the current and coming year, and description of any

96.20 plans for managing and improving efficiencies in the operation of the stadium.

96.21 (b) Copies of each report containing the information required by paragraph (a), clause

96.22 (5), must also be provided to the commissioner of management and budget. The authority

96.23 must also provide, at the request of the commissioner, any additional information on its

96.24 expenditures on and plans for managing and budgeting for the costs of operating the stadium,

96.25 including the reserve for capital expenditures. The commissioner must, at least once each

96.26 biennium, review the amounts expended for stadium operations and make recommendations

96.27 to the governor on the amount needed for state payment of those costs. The governor's

96.28 budget must include recommendations for the payments under section 473J.13, subdivision

96.29 2, paragraph (b), and subdivision 4, paragraph (c), and whether modification of the statutorily

96.30 appropriated amounts is recommended or required.




97.2 to read:

97.3 Subd. 16. Consignment agreement; authority's suites. (a) The authority must negotiate

97.4 an agreement providing for consignment of the authority's suites to the primary tenant

97.5 consistent with the use agreement and subject to this subdivision. The final terms of the

97.6 consignment must be approved by the chairs of the committees of the house of representatives

97.7 and the senate with jurisdiction over state government finance and must include the following:

97.8 (1) the primary tenant is the consignee and must make all commercially reasonable

97.9 efforts to sell access to the suites to third parties;

97.10 (2) the authority must receive a percentage of the revenues from consignment of the

97.11 suites each year equal to at least 90 percent of the first $400,000 of revenue and 65 percent

97.12 of any amount in excess of that and the amount of revenue retained by the primary tenant

97.13 must not exceed its actual transaction, marketing, and administrative costs that it would not

97.14 have incurred but for the consignment; and

97.15 (3) the terms of the consignment agreement are effective for a period of five years

97.16 beginning no later than August 1, 2018, and must be renegotiated no later than August 1,

97.17 2023, and every five years thereafter.

97.18 (b) Data collected, created, or maintained by the authority related to negotiation of the

97.19 consignment required by this paragraph are nonpublic data, as defined in section 13.02,

97.20 subdivision 9. Data provided to the legislative chairs under the approval requirement in

97.21 paragraph (a) may not be disclosed without the consent of the primary tenant.

97.22 (c) The authority must use revenues from the consignment agreement to pay the operating

97.23 expenses of the stadium.



97.26 to read:

97.27 Subd. 17. Report on stadium space use by authority members, staff, and vendors.

97.28 The authority shall report the following information annually to the governor, the mayor of

97.29 the city of Minneapolis, the chair of the Legislative Commission on Minnesota Sports

97.30 Facilities, and the chairs and ranking minority members of the senate Finance Committee

97.31 and the house of representatives Ways and Means Committee regarding use of stadium

97.32 space by authority members, staff, family, friends, charitable organizations, and vendors or

97.33 their guests:



98.1 (1) the costs of use;

98.2 (2) the identity of each adult attendee and their legitimate business purpose for attendance;

98.3 (3) the date, time, and a general description of the stadium event at which the suite was

98.4 used; and

98.5 (4) the value and description of any food, parking, or other benefits provided to attendees.

98.6 Sec. 27. [473J.095] AUTHORITY'S USE OF STADIUM SPACE.

98.7 Subdivision 1. Application. The restrictions in this section apply to the use of stadium

98.8 space provided to the authority under the terms of the lease or use agreement required under

98.9 section 473J.15, subdivision 3.

98.10 Subd. 2. Use of stadium space by authority members and staff. (a) Authority members

98.11 and authority staff, including the executive director of the authority, may not use stadium

98.12 space unless the use is for a legitimate business purpose. For purposes of this subdivision,

98.13 "legitimate business purpose" means:

98.14 (1) in the case of a suite, the executive director's use of the suite to conduct oversight of

98.15 stadium operations; or

98.16 (2) in the case of stadium space other than a suite:

98.17 (i) participating in a marketing effort arranged by the authority's management vendor;

98.18 (ii) conducting oversight of stadium operations; or

98.19 (ii) making stadium space available to nonprofit charitable organizations to provide

98.20 access to events at the stadium for people served by the charitable organization.

98.21 The executive director of the authority must ensure that use of stadium space does not

98.22 violate open meeting laws.

98.23 (b) Use of stadium space by authority staff must be based on an express written

98.24 assignment of duties by the executive director or, in the case of use by the executive director,

98.25 an express written assignment of duties by the authority chair. In all cases, use of stadium

98.26 space by authority staff must be approved by a vote of the authority at a public meeting,

98.27 and the legitimate business purpose for use must be made a part of the public record.

98.28 Authority staff may not be provided free food, beverages, or stadium parking unless necessary

98.29 to complete the assigned duties.

98.30 Subd. 4. Use of stadium space by family, friends, and other guests. The authority or

98.31 its members may not grant access to stadium space to family members, friends, or other



99.1 guests of the authority's members or staff unless the use is for a legitimate business purpose.

99.2 The use must be approved by a vote of the authority at a public meeting, and the legitimate

99.3 business purpose must be made a part of the public record. For purposes of this subdivision,

99.4 "legitimate business purpose" means being a prospective user of the stadium.

99.5 Subd. 5. Open market purchase. This section does not prohibit an authority member,

99.6 authority staff, or family, friends, or other guests of authority members or staff from attending

99.7 events or renting stadium space, if a ticket or a right of access to the space was purchased

99.8 on the open market through the same channels, and for the same price, as those available

99.9 to the general public.



99.12 Subd. 2. Operating expenses. (a) The authority must pay or cause to be paid all operating

99.13 expenses of the stadium. The authority must require in the lease or use agreement with the

99.14 NFL team that the NFL team pay the authority, beginning January 1, 2016, or other date as

99.15 mutually agreed upon by the parties, toward operating costs of the stadium, $8,500,000

99.16 each year, increased by a three percent annual inflation rate.

99.17 (b)(1) Beginning January 1, 2016, or other date as mutually agreed upon by the parties,

99.18 and continuing through 2020, the state shall pay the authority operating expenses, $6,000,000

99.19 each year, increased by an annual adjustment factor. The payment of $6,000,000 per year

99.20 beginning in 2016 is a payment by the state, which shall be repaid to the state, using funds

99.21 as provided under section 297A.994, subdivision 4, clause (4). After 2020, the state shall

99.22 assume this payment, using funds generated in accordance with the city of Minneapolis as

99.23 specified under section 297A.994, subdivision 4, clause (3); and

99.24 (2) beginning for fiscal year 2020, the payment under this section must be reduced by

99.25 the additional revenue received by the authority under the consignment under section 473J.09,

99.26 subdivision 16, in the prior fiscal year.

99.27 (c) The authority may establish an operating reserve to cover operating expense shortfalls

99.28 and may accept funds from any source for deposit in the operating reserve. The establishment

99.29 or funding of an authority operating reserve must not decrease the amounts required to be

99.30 paid to the authority toward operating costs under this subdivision unless agreed to by the

99.31 authority.

99.32 (d) The authority will be responsible for operating cost overruns.



100.1 (e) After the joint selection of the third-party manager or program manager, the authority

100.2 may agree with a program manager or other third-party manager of the stadium on a fixed

100.3 cost operating, management, or employment agreement with operating cost protections

100.4 under which the program manager or third-party manager assumes responsibility for stadium

100.5 operating costs and shortfalls. The agreement with the manager must require the manager

100.6 to prepare an initial and ongoing operating plan and operating budgets for approval by the

100.7 authority in consultation with the NFL team. The manager must agree to operate the stadium

100.8 in accordance with the approved operating plan and operating budget.



100.11 Subd. 3. Public access. The authority will work to maximize access for public and

100.12 amateur sports, community, and civic events, and other public events in type and on terms

100.13 consistent with those currently held at the existing football stadium, as defined in Minnesota

100.14 Statutes 2012, section 473.551, subdivision 9. The authority may provide that these events

100.15 have exclusive use of the premises at agreed-upon times subject to the scheduling rights of

100.16 the NFL team under the lease or use agreement.


100.18 Subd. 3. Metropolitan Sports Facilities Commission abolished; interim powers

100.19 conferred on authority. Upon transfer to the authority of all remaining assets, liabilities,

100.20 and obligations of the Metropolitan Sports Facilities Commission, in subdivision 2, the

100.21 Metropolitan Sports Facilities Commission is abolished. When the remaining assets,

100.22 liabilities, and obligations of the Metropolitan Sports Facilities Commission have been

100.23 transferred to the authority and the commission has been abolished, the powers and duties

100.24 of the commission under Minnesota Statutes 2012, sections 473.551 to 473.599, and any

100.25 other law shall devolve upon the authority, in addition to the powers and duties of the

100.26 authority under chapter 473J, until the first NFL home game is played at the stadium.


100.28 Subd. 2. High school league. The lessee of the stadium must make the facilities of the

100.29 stadium available for use by the Minnesota State High School League for at least seven

100.30 days each year for high school soccer and football tournaments. The lessee of the stadium

100.31 must provide, and may not directly, or through a management company, charge the league



101.1 a fee for, this use, including security, ticket takers, custodial or cleaning services, or other

101.2 similar services in connection with this use.

101.3 Sec. 32. RECOVERY.

101.4 The Minnesota Sports Facilities Authority must make every effort to recover the fair

101.5 market value of any food, parking, tickets, and access to stadium suites provided to a person

101.6 prior to January 1, 2017, if the provision of those benefits to the person was not in the public

101.7 interest. The authority shall report on recovery efforts to the commissioner of management

101.8 and budget and to the chairs and ranking minority members of the senate finance and house

101.9 of representatives ways and means committees by May 31, 2018. Money recovered under

101.10 this section is transferred by July 1, 2018, to the commissioner of management and budget

101.11 for deposit in the general reserve account established under Minnesota Statutes, section

101.12 297E.021, subdivision 4.


101.14 Sec. 33. CHAIR SALARY; MINNESOTA SPORTS FACILITIES AUTHORITY.

101.15 By February 15, 2019, the committees in the house of representatives and the senate

101.16 with jurisdiction over state government finance shall recommend legislation limiting the

101.17 salary of the chair of the Minnesota Sports Facilities Authority that shall apply beginning

101.18 in fiscal year 2020.


101.20 (a) Minnesota Statutes 2016, sections 137.50, subdivision 5; 473.551; 473.552; 473.553,

101.21 subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions 1, 2, 3, 4, 5,

101.22 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17; 473.561; 473.564, subdivisions 2 and 3; 473.572;

101.23 473.581; 473.592, subdivision 1; 473.595; 473.598; 473.599; and 473.76, are repealed.

101.24 (b) Minnesota Statutes 2016, section 473J.09, subdivision 14, is repealed.

101.25 Sec. 35. EFFECTIVE DATE.

101.26 This article is effective the day following final enactment. The terms of all current

101.27 members of the Minnesota Sports Facilities Authority terminate January 31, 2019. Appointing

101.28 authorities must appoint new members of the authority by January 15, 2019, to serve terms

101.29 beginning February 1, 2019. Appointments shall be effective and the appointees may exercise

101.30 the duties of the office upon receipt of the letter of appointment by the president of the

101.31 senate and the speaker of the house."



102.1 Amend the title accordingly



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